Mir Hassan vs State S — 2025 YLR 645 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 YLR 645 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: YLR
Parties: Mir Hassan vs State S
Subject matter: Criminal
Provisions referred to: S. 302; S. 164---Q; S. 164; 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

Mir Hassan VS State S. 302(b)---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd---Appreciation of evidence---Confessional statement of co-accused---Infirmities---Accused was charged for committing murder of the deceased---Record showed that the confessional statement of acquitted accused, was recorded under S.164, Cr.P.C, however the Trial Court had disbelieved the confessional statement on the basis that the same was an exculpatory statement, which did not implicate the maker---Acquitted accused was arrested on 24.08.2020, whereas his confessional statement was recorded on 04.09.2020 with a delay of eleven days and that too without explanation---Besides above, acquitted accused admitted that he was beaten by the police---Perusal of confessional statement and certificate thereof did not show that he was afforded with an opportunity for reflection or his handcuffs were removed at the time of recording of his confessional statement, henceforth, the Trial Court had rightly discarded the confessional statement of co-accused for being inadmissible, which otherwise seemed to have not been recorded voluntarily---Furthermore, the confessional statement made by co-accused made him a witness of an extra judicial confession made before him by the appellant, but the prosecution instead of making him a prosecution witness made him an accused---Appeal against conviction was allowed, in circumstances.

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