State vs KHALID KHAN Ss — 2024 MLD 348 PESHAWAR-HIGH-COURT

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State VS KHALID KHAN Ss. 302(b), 311, 200, 201 & 34---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Criminal Procedure Code (V of 1898), Ss. 164 & 417---Qatl-i-amd, tazir after waiver or compounding of right of qisas in qatl-i-amd, using as true such declaration knowing it to be false, causing disappearance of evidence of offence, or giving false information to screen offender, common intention, possession of unlicensed Arms--- Appeal against acquittal---Appreciation of evidence---Confessional statement of accused---Infirmities---Accused were charged for committing murder of the deceased by firing---Judicial Magistrate, who recorded the confessional statements of both the accused was examined and while under cross-examination, he admitted that in the certificates he issued in respect of the confessional statements, he did not mention whether he had made both the accused sit together or separately while they were given time to think about pleading guilty---Deposition of Judicial Magistrate showed that he did not record the statements under his own handwriting, rather dictated them to the I.T. official in English---Testimony of said witness showed that he read over what he called each and every word of the confessional statements to the accused, which they acknowledged as correct and then he signed---Said witness did not clarify that the statements were recorded in English---Statement of said witness further showed that the accused gave their statements in Pushto language, which he dictated in English---Certificates issued by the said witness showed that while the accused gave their statements in Pushto language, the same was translated into Urdu language---Certificates did not show in which language the statements were read over to accused---If at all, the statements were recorded in English, the Judicial Magistrate was bound to have read them to the accused in their own language i.e. Pushto---Moreover, it would have been much better had the Judicial Magistrate recorded the confessional statements in Pushto, the mother language of the accused---It did not appeal to reason that while the accused gave their statements in Pushto, they were recorded in English and were read over to them in Urdu---Certificates were also silent on whether the accused fully understood Urdu or not---Judicial Magistrate did not afford them an opportunity whether they would like to consult a lawyer before recording their confessional statements---Judicial Magistrate did not satisfy his judicial conscience that the confessions were voluntary and true---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against acquittal was dismissed, in circumstances.

State vs KHALID KHAN Ss — 2024 MLD 348 PESHAWAR-HIGH-COURT

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