Abdul Qayum vs State S — 2025 YLR 984 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 YLR 984 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: YLR
Parties: Abdul Qayum 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

Abdul Qayum VS State S. 302(b)---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd---Appreciation of evidence---Confessional statement of accused---Infirmities---Accused was charged for committing murder of the brother of complainant---Judicial Magistrate recorded the confessional statement of appellant on 18.11.2021---Judicial Magistrate produced forwarding letter, proforma of the questionnaire, confessional statement of appellant under S.164 Cr.P.C and certificate---Admittedly, neither in the proforma of the questionnaire nor in the certificate it was mentioned that in case the appellant did not record his confessional statement, he would not be handed over back to the police, which was an incurable illegality, making the confessional statement unworthy of credence---Moreover, during cross-examination, Judicial Magistrate admitted that Investigating Officer was present along with the accused in the Court room, when request for recording his confessional statement was made---Judicial Magistrate also admitted that while recording confessional statement of the appellant, her gunman was present in her chamber and that earlier accused was produced for grant of police remand, but the appellant did not volunteer to record his confessional statement---Judicial Magistrate did not state in her examination-in-chief or in the certificate that after recording confessional statement, to whom the custody of the appellant was handed over for remanding him into judicial custody---Thus, the confessional statement of the appellant was unworthy of reliance as it was not only inadmissible, but seemed not to have been recorded voluntarily without any duress and promise---Appeal against conviction was allowed, in circumstances.

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