| Citation(s) |
|---|
| 2021 SLG 1405 2021 SLD 1405 2021 SCMR 1039 |
Supreme Court of Pakistan
Criminal Appeal No. 106 of 2020 and Criminal Petition No. 168 of 2020, decided on 21st September, 2020, Date of hearing: 21st September, 2020. (On appeal from the judgment Dated 21.11.2019 passed by the Peshawar High Court, Peshawar in Criminal Appeal No.
MANZOOR AHMAD MALIK, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Astaghfirullah, Advocate Supreme Court for Appellant (in Criminal Appeal No. 106 of 2020). Shahid Kamal, Advocate Supreme Court for the Complainant (in Crl. Appeal No. 106 of 2020). Shahid Kamal, Advocate Supreme Court for Petitioner (in Crl. P. No. 168
Criminal Appeal No. 106 of 2020 and Criminal Petition No. 168 of 2020, decided on 21st September, 2020, Date of hearing: 21st September, 2020. (On appeal from the judgment Dated 21.11.2019 passed by the Peshawar High Court, Peshawar in Criminal Appeal No.
MANZOOR AHMAD MALIK, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Astaghfirullah, Advocate Supreme Court for Appellant (in Criminal Appeal No. 106 of 2020). Shahid Kamal, Advocate Supreme Court for the Complainant (in Crl. Appeal No. 106 of 2020). Shahid Kamal, Advocate Supreme Court for Petitioner (in Crl. P. No. 168
MUHAMMAD BILAL AND ANOTHERS
VS
THE STATE AND OTHERS
Law: Penal Code (XLV of 1860)
Section: 302(b)
Law: Criminal Procedure Code (V of 1898)
Section: 164
(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd--- Reappraisal of evidence--- Juvenile accused--- Judicial confession---Extra caution was to be taken by the Court while recording confession of a juvenile-accused---In case of a juvenile-accused it was desirable and appropriate that the accused should be provided counseling/consultation facility of his natural Guardian or any close blood relative---Confession should be voluntary, based on true facts and corroborated by other evidence available on record. The accused was minor at the time of commission of offence. Being a child of impressionable age, he was vulnerably placed and, thus, more susceptible to fear, threat or inducement. He, as per prosecution, remained in police custody from 2nd August, 2016 till 5th August, 2016 but it was the version of the accused that he remained in police custody for five days. It had been admitted by the Investigation Officer and the Judicial Magistrate that the accused was not medically examined after the completion of three days police custody. In these circumstances, it could not be said with certainty that the alleged confession was made voluntarily. Confession should be voluntary, based on true facts and corroborated by other evidence available on record. Going through the entire evidence of the prosecution, there was no piece of circumstantial evidence corroborating the confessional statement of accused. When the appellant admittedly was a minor aged about 12 years at the time of commission of offence then it was the bounden duty of the Judicial Magistrate that he should have taken extra care in this regard. Though the Code of Criminal Procedure and the Juvenile Justice System Act, 2018 did not provide any special procedure or manner for recording the confessional statement of a minor/juvenile but this became the prime duty of the Magistrate recording confession that he should be extra vigilant. It was desirable and appropriate that the accused should have been provided counseling/consultation facility of his natural Guardian or any close blood relative. But no such effort or any other extra measures were adopted by…
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