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

Section: 37

Law: Penal Code (XLV of 1860)

Section: 302/34

(a) Qanun-e-Shahadat (10 of 1984)---   ----Art.37---Penal Code (XLV of 1860), S.302/34---Confession made by an accused would be irrelevant, only if, making of the same appeared to the Court to have been caused by any inducement, threat or promise upon the evidence before it.    (b) Qanun-e-Shahadat (10 of 1984)---   ----Art. 91---Penal Code (XLV of 1860), S.302/34---Confession---Presumption of truth was attached to the documents produced as record of evidence and statement of an accused made under S.164, Cr.P.C. being well within the ambit of Art.91, Qanun-e-Shahdat, 1984, was duly taken in accordance with law---Provision of S.364, Cr.P.C. cast a duty upon the Magistrate to certify that the record contained a full and true account of the statement made by the accused, therefore, unless proved to the contrary the confession must be presumed to have been made voluntarily.    (c) Qanun-e-Shahadat (10 of 1984)---   ---Arts. 37, 91, 117 119---Penal Code (XLV of 1860), S.302/34--¬Confession ---Retraction---Provision of Art.37 of the Qanun-e-Shahadat, 1984 which determines the admissibility of confession is an exception to the rule embodied in Art.91 of the Qanun-e-Shahadat, 1984, therefore, an accused person who, at the trial, retracts his confession, alleging that it was the outcome of ill-treatment must prove his allegation because Arts.117 119 of the Qanun-e-Shahadat, 1984 require that the burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence.    (d) Qanun-e-Shahadat (10 of 1984)---   ----Art.37---Penal Code (XLV of 1860), S.302/34---Confession--¬Determination of the question of admissibility or otherwise of a confession was left solely with the Court and since the test of admissibility of a confession was its voluntariness, the question as to whether a confession was voluntary, being purely a question of fact, had to be determined keeping in view the facts and circumstances of each case and no hard and fast rule of general application could be laid down.    (e) Qanun-e-Shahadat (10 of 1984)---   ----Art. 37---Penal Code (XLV of 1860),…

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