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Syed Qalb-e-Abbas vs State S — 2025 PCrLJ 1611 ISLAMABAD

Case information

Citation
2025 PCrLJ 1611 ISLAMABAD
Court
Islamabad High Court
Year
2025
Reporter
PCRLJ
Parties
Syed Qalb-e-Abbas vs State S
Subject matter
Criminal
Provisions referred to
S. 409---O; S. 164---C; S. 164; S. 364; Official Secrets Act (XIX of 1923); 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

Syed Qalb-e-Abbas VS State S. 409---Official Secrets Act (XIX of 1923), Ss. 3 & 4---Criminal Procedure Code (V of 1898), S. 164---Criminal breach of trust by public servant, communication with foreign agents to be evidence of commission of certain offences---Appreciation of evidence---Benefit of doubt--- Confessional statement of accused, recording of---Infirmities---Accused was charged for communicating secret information to a foreign diplomat/agent, prejudicial to the safety and security of the State---As per the Investigating Officer, the appellant was produced before the concerned Court on 16.02.2021 for physical remand---However, the appellant was sent to judicial custody on 18.02.2021 after recording of a confessional statement under S.164,Cr.P.C.---No explanation was offered as to why the appellant was not sent to judicial custody prior to the recording of his confessional statement, which omission indicated the non-voluntariness of confessional statement under S.164, Cr.P.C.---Admitted fact that the confessional statement of the accused was not recorded in the language in which it was originally made, thereby breaching a mandatory legal requirement stipulated under S.364(1) of the Code of Criminal Procedure and Rule 11, Chapter 13 of the High Court (Lahore) Rules and Orders---Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2025 PCRLJ

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