Law: Penal Code (XLV of 1860)

Section: 302/457/382/34

Law: Criminal Procedure Code (V of 1898)

Section: 164

Law: Qanun-e-Shahadat (10 of 1984)

Section: 39

(a) Penal Code (XLV of 1860)---   ----Ss. 302/457/382/34---Criminal Procedure Code (V of 1898), S.164--¬Qanun-e-Shahadat (10 of 1984), Art.39---Appreciation of evidence--¬Making of judicial confession by accused while in police custody--¬Retraction---Trial Courts reliance on such confession for conviction--¬Validity---Magistrates who had also appeared as prosecution witnesses had fulfilled the requirements of law substantially in recording the confessional statements of the accused persons---Accused had not brought on the record any such evidence whereby it could be inferred that the confessional statements were the result of any illegality, coercion or police highhandedness---Mere fact that accused persons remained in police custody before making the confession would not lead to the conclusion that the confession was tutored and the result of coercion or police torture---Trial Court, in circumstances, had correctly placed reliance upon the confessional statements and convicted the accused.    Syed Sharifuddin Pirzada v. Sohbat Khan PLD 1972 SC 363 fol.   Sayed Ali Shah alias Shahji v. The State 1993 PCr.LJ 1118; Bijar and 4 others v. State 1994 PCr.LJ 144; Munir Ahmad and others v. The State 1988 PCr.LJ 116.; AsfandyarWali v. The State PLD 1978 Pesh. 38; State v. Sohail Sardar 1997 SCMR 1180; Muhammad Israr and another v. The State 2002 PCr.LJ 1072; Syed Sharifuddin Pirzada v. Sohbat Khan and 3 others PLD 1972 SC 363; Muhammad Gul and others v. The State 1991 SCMR 942; Muhammad Din Meher Din v. Emperor AIR 1938 Lah. 2002; Joygun Bibi v. The State PLD 1960 SC (Pak.) 313 and Muhammad Rafique v. The State 1977, SCMR 457 ref.   (b) Criminal Procedure Code (V of 1898)---   ----S. 164---Penal Code (XLV of 1860), Ss. 302/457/382/34---Judicial confession---Retraction---Effect---If voluntariness and truth of confession is established from the record, retraction even if made, shall not affect the said judicial confession and retraction would be wholly immaterial---Where the accused person had done nothing to retract lawfully from their confessional statements and did not move for retraction till such time that their statement under S. 342,…

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