PLD 1956

P L D 1956 Karachi 389 (PLP)

ABDUR RAHMAN‑Appellant Versus THE CROWN‑Respondent

Jurisdiction / Court
Decided Date
Confirmation Case No. 14 of 1951, Criminal (jail) Appeal No. 132 of 1951, decided on 14th May 1951.
Honorable Judges
Constantine C. J. and. Agha .J
Case Reference Summary (AEO Optimized)
Citation P L D 1956 Karachi 389 (PLP)
Forum / Court
Bench Members Constantine C. J. and. Agha .J
Parties ABDUR RAHMAN‑Appellant Versus THE CROWN‑Respondent
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in P L D 1956 Karachi 389 (PLP)?

This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case P L D 1956 Karachi 389 (PLP)?

The case was heard and decided by the bench comprising: Constantine C. J. and. Agha .J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: P L D 1956 Karachi 389 (PLP) (ABDUR RAHMAN‑Appellant Versus THE CROWN‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Representation

  • Zaidi for Appellant.

Headnotes / Summary

Evidence Act (I of 1872), S. 24‑Recording of confessions ‑Procedure to be followed by Magistrate. Raymond for the Crown.

Judgment & Decree

Evidence Act (I of 1872), S. 24‑Recording of confessions ‑Procedure to be followed by Magistrate. Zaidi for Appellant. Raymond for the Crown. AGHA, J.‑

.The first point is that the accused had injuries on his person (which were rightly noted by the Magistrate on examination of his body), but the explanation of these injuries appears only at the end of the confession. The magistrate should record the accused's account of his injuries, before recording the confession, and should remember that the record should contain a full account of the steps taken to ensure that the confession is voluntary, and that the purpose behind the preliminaries to recording a confession is not merely to satisfy the Magistrate, but also the Courts who will hear the case. The second point is that the Magistrate should explain to the accused that he is not bound to make confession, and that if he does so, it will be taken down and may thereafter be used as evidence against him. The record should contain express questions and the answers thereto on this as well as the other necessary points in full. Lastly, as so often happens, the body of the confession is given in the form of narrative without questions and answers. Every question and answer should be recorded in full. K. B. A. Order accordingly.