Law: Penal Code (XLV of 1860)

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 164

Penal Code (XLV of 1860)--- ----S. 302(b)---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd---Appreciation of evidence---Confessional statement of accused---Scope---Accused was charged for committing murder of brother of the complainant by firing---Accused got recorded his confessional statement before the Assistant Commissioner, on the basis of which, accused was convicted and sentenced---Defence mainly argued that the conviction and sentence so awarded to the accused was illegal as, after the merger of FATA into province Khyber Pakhtunkhwa, the Assistant Commissioner/ADM was having no jurisdiction to try criminal cases thus, the impugned order being void was liable to be set-aside---Validity---Record showed that the impugned order was passed by the Assistant Commissioner by exercising powers as Additional District Magistrate--- Regulation 2(f) of the FATA Interim Governance Regulation (FIGR), 2018 recognized an Assistant Commissioner to be a Judge to adjudicate criminal matters in each tribal district and vested with the requisite powers under the Code of Criminal Procedure, 1898, to try offences---Clauses 3, 4 of the Regln. 7 further conferred all the ordinary powers of a Magistrate of the First Class as specified in Schedule I and additional powers as specified in Part I of Sched. IV of the Cr.P.C. upon the Assistant Commissioner to pass any sentence of imprisonment or fine, or both, as provided by the Regulation---When exercising powers of a Deputy Commissioner under the FATA Interim Governance Regulation, 2018 (FIGR), an Assistant Commissioner shall be deemed, for the purpose of regulation, to be the District Magistrate and shall exercise all or any of the powers specified in the First Schedule of the Regulation---Procedure of the trial in criminal case, conviction and manner of enforcing sentences, had been provided in Reglns. 13, 16, 17 respectively---As per provisions of Regln. 13 that upon commission of any cognizable offence, falling within the competence of Deputy Commissioner, the same shall be registered and after arrest of accused, he shall be produced before the Judge within 24 hours of his arrest, who shall refer the matter to the…

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