OBAIDULLAH vs State Ss — 2025 SCMR 1558 SUPREME-COURT

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OBAIDULLAH VS State Ss. 302(b) & 34---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, common intention---Re-appraisal of evidence---Benefit of doubt---Confession, recording of---Infirmities---Accused was charged for committing murder of the nephew of complainant---Accused was convicted by trial Court for qatl-i-amd and was sentenced to imprisonment for life---High Court maintained conviction and sentence awarded to accused---Validity---Judicial Magistrate while appearing before the trial Court as witness had stated that he unlocked the handcuffs of the petitioners and also sent the police out of his chamber when he recorded the judicial confessions of the petitioners but no such facts were mentioned in his reports---Moreover, in his statement before the Court or in his reports, Judicial Magistrate had not mentioned that as to how much time was given to the petitioners to think over before making their judicial confessions and after how much time they were again called and he satisfied himself that the petitioners were making their judicial confessions with their free will and without any pressure or coercion---Evident that judicial confessions of the petitioners were not recorded in accordance with the law---Even otherwise, there was no independent corroboration of the said judicial confessions---Said judicial confession had also not been supported by the medical evidence, therefore, the convictions and sentences of the petitioners could not be maintained on the basis of said retracted judicial confessions---Circumstances established that the prosecution had failed to prove its case against the petitioners beyond the shadow of doubt---Appeals were allowed accordingly.

OBAIDULLAH vs State Ss — 2025 SCMR 1558 SUPREME-COURT

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