Mohib Ali vs State Ss — 2024 YLR 2642 LAHORE-HIGH-COURT-LAHORE

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Mohib Ali VS State Ss. 302(b), 364-a, 376 & 34---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, kidnapping or abducting a minor person, rape, common intention---appreciation of evidence---Confessional statement of accused, recording of---Illegalities---accused was charged that he along with his co-accused abducted the minor daughter of complainant, committed rape with her and then murdered her by strangulation---On 31.01.2011, the confession of accused was recorded however, it was in complete deviation of the statutory provisions and procedure prescribed and the principles settled by the Supreme Court---Magistrate committed illegalities while recording confessional statement of the accused i.e. at the time of alleged confession Investigating Officer was present inside the Court; questions as formulated under the High Court Rules and Orders were not put to accused; accused was not asked that since when he was in police custody; question that said confession if made could be used against accused was not asked from him; question that if accused wanted to make confession voluntarily was also missing; no oath was taken from the Stenographer who under the dictation recorded questions and answers as well as the order with regard to the satisfaction of the Magistrate; no mention was made whether the handcuffs of accused were removed before he was called upon for his confession; not a single minute was given to accused to reconcile and to give a second thought before he had to make the confession and Confession was recorded on oath---Such evidence of confession could never be a base for conviction of accused and the same had been wrongly believed by the Trial Court---appeal against conviction was allowed, in circumstances.

Mohib Ali vs State Ss — 2024 YLR 2642 LAHORE-HIGH-COURT-LAHORE

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