LHC sets aside trial court’s verdict

Lahore High Court (LHC) Bahawalpur division bench has set aside a trial court’s punishment to an accused on the basis of his confessional statement before recording prosecution evidence.

Justice Sadiq Mahmud Khurram observed that after indictment, not even a single prosecution witness statement was recorded, which apparently prolonged the agony of the appellant facing the trial. "Such delay is against the right to fair trial as ensured under Article 10-A of the Constitution of Pakistan, 1973,” the court declared.

The bench observed that “possibility cannot be ruled out that such prolonged agony of trial without its conclusion might have been the factor compelling the appellant to file an application for recording of his confessional statement in order to get rid of burdensome trial proceedings, therefore, it cannot be said that such confession was made voluntarily. It further hits the very roots of such confession which was made sole basis for convicting the appellant."

The case proceedings had been fixed several times for recording the prosecution evidence, but the process could not be completed due to one reason or the other.

The appellant had pleaded not guilty at the time of framing of charge and the procedure provided under Section 244 of the CrPC was adopted, which continued for more than 10 months.

It is a settled proposition of law that where an accused pleads not guilty at the time of framing of charge and claims trial, there is no discretion left with the trial court to record the confession afterwards and convict him on the basis of such confession without recording prosecution evidence, the court observed.

The bench set aside the trial court’s judgment passed on September 4, 2015, and remanded the case back to it with the directives to proceed with the trial from the stage of recording of prosecution evidence.

It declared that the trial should be concluded by fulfilling all the procedural requirements.

The trial court was directed to conclude the proceedings within three months.

Published in The Express Tribune, April 6^th, 2022.