i. At the time of alleged confession Muhammad Sharif SI was present inside the court.
ii The questions as formulated under the High Court Rules and Orders were not put to appellant.
iii Appellant was not asked that since when he was in police custody.
iv. The question that said confession if made can be used against appellant was not asked from him.
v.The question that if appellant wanted to make confession voluntarily is also missing.
vi.No oath was taken from the Stenographer who under the dictation recorded questions and answers as well as the order with regard to satisfaction of the learned Magistrate.
vii. There is no mention that handcuffs of appellant were removed before he was called upon for his confession.
viii. Not a single minute was given to appellant to reconcile and to give a second thought before he had to make the confession.
ix. The confession was recorded on Oath.
Criminal Appeal No. 13-J of 2014
(Mohib Ali vs. The State)
0 Comments