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Muhammad Zubair vs State S — 2026 PCrLJ 675 HIGH-COURT-AZAD-KASHMIR

Case information

Citation
2026 PCrLJ 675 HIGH-COURT-AZAD-KASHMIR
Year
2026
Reporter
PCRLJ
Parties
Muhammad Zubair vs State S
Subject matter
Criminal
Provisions referred to
S. 302; S. 15; 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

Muhammad Zubair VS State S. 302(b)---azad Jammu and Kashmir arms and ammunition act (III of 2016), S. 15(2)---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, possession of illicit weapon---appreciation of evidence---Confessional statement of accused---Scope---accused was charged for committing murder of the cousin of complainant---accused got recorded his statement under S.164, Cr.P.C. on 10.12.2015 before Sub-Divisional Magistrate whereby he confessed his guilt---Though, there were procedural irregularities in the statement recorded by Sub Divisional Magistrate but merely on the basis of such procedural irregularities the said statement could not be brushed aside---However, such procedural irregularities could be considered as a mitigating circumstance for award of lesser punishment especially in case of circumstantial evidence---Hence, in presence of confessional statement of the convict/appellant which had been got recorded by the accused voluntarily on the last date of remand it could not be observed that the guilt of the accused had not been established---Confessional statement of an accused was treated as a weak type of evidence and required corroboration by other incriminating material---In the instant case, the confessional statement of the accused was substantiated by other evidence, hence, was believable and reliable---Circumstances established that the prosecution had proved the guilt of the accused---appeal against conviction was dismissed, accordingly.

Other judgments reported in 2026 PCRLJ

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