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Citation Name: 2024 PCrLJ 1841 PESHAWAR-HIGH-COURTBookmark this Case Maqbool Hussain vs State Ss — 2024 PCrLJ 1841 PESHAWAR-HIGH-COURT

Case information

Citation
2024 PCrLJ 1841 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
PCRLJ
Parties
Citation Name: 2024 PCrLJ 1841 PESHAWAR-HIGH-COURTBookmark this Case Maqbool Hussain vs State Ss
Subject matter
Criminal
Provisions referred to
S. 53---C; S. 164---R; S. 364-; Criminal Procedure Code (V of 1898)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Citation Name: 2024 PCrLJ 1841 PESHAWAR-HIGH-COURTBookmark this Case Maqbool Hussain VS State Ss. 376, 364-a & 511---Khyber Pakhtunkhwa Child Protection and Welfare act (XIII of 2010), S. 53---Criminal Procedure Code (V of 1898), S. 164---Rape, kidnapping or abducting a minor, attempted rape, sexual abuse---appreciation of evidence---Confessional statement, recording of---accused was charged that he took the minor daughter of complainant to a nearby jungle and raped her---accused had confessed his guilt before the Judicial Magistrate---Prosecution had also produced and examined the Judicial Magistrate who had recorded confessional statement of the accused---Judicial Magistrate was subjected to taxing cross-examination but there was nothing in his statement to suggest that the confessional statement recorded by the accused was either involuntary or same was the result of any pressure or undue influence rather in light of the evidence, the confession of the accused appeared to be voluntary and therefore could certainly be used against him as an important piece of evidence---accused in his confessional statement had confirmed all the events relating to commission of offence as narrated by the witnesses in their respective statements---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt under Ss. 376/511, P.P.C, however due to mitigating circumstances, the sentence was reduced from ten years to five years---accused was however acquitted of the charge under S.364-a P.P.C---appeal was partially allowed.

Other judgments reported in 2024 PCRLJ

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