Sajid Usman vs State Ss — 2026 PCrLJ 303 PESHAWAR-HIGH-COURT

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Sajid Usman VS State Ss.11-F(2) & 11-N---Criminal Procedure Code (V of 1898), Ss. 243 & 265-E---Collecting funds for terrorist organization---Appreciation of evidence---Guilty plea---Principle---Word "admission" and "confession"---Distinction---Accused was alleged to have engaged in collecting funds for a terrorist organization---Trial Court convicted the accused on his pleading guilty---Validity---Guilty plea is entered at the start (and even at later stage) of the trial---It is for this reason that word "admission" has been used in S.243, Cr.P.C. that requires issuance of show cause notice to accused---Word "admission" has been used for plead guilty---For issuance of notice to accused to show cause why he should not be convicted, is to ensure that his choice is voluntary and that he knows the consequences, including collateral ones, while admitting his guilt---In such process, Trial Court in fact informs the accused about nature of the offence and its consequences which he has to face on its admission---All confessions are admissions, but all admissions are not confessions---Confession ordinarily occurs during investigation or inquiry and it is for such reason that confessions are recorded by a competent Magistrate---In the present case neither Trial Court satisfied its judicial mind as to the voluntariness of accused in recording his guilty plea, nor did it follow in stricto senso the requirements of law---Accused was prejudiced in his defence, and was not treated in accordance with law---Accused was provided with no opportunity of a fair trial within the contours of Art.10-A of the Constitution---High Court set aside conviction and sentence awarded to accused and case was remanded to Trial Court for trial afresh in accordance with law---Appeal was allowed accordingly.

Sajid Usman vs State Ss — 2026 PCrLJ 303 PESHAWAR-HIGH-COURT

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