Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 303(a)--Qatl committed under ikrah-i-tam--Conviction and sentence recorded against appellant by trial Court--Challenge to--Appeal against--Prosecution heavily relied upon confessional statement of appellant recorded by judicial Magistrate--Circumstantial evidence--Disclosure of appellant before police admitting has guilt is not admissible in evidence being an admission before police as in consequence to this disclosure no recovery of any incriminating article was affected--Appellant got recorded his confessional statement just after three days of his arrest, confessional statement was voluntarily though it was retracted--Confessional statement was exhaustive in nature and contains such facts which were in exclusive knowledge of appellant--Confessional statement is further corroborated by statement of P.W from whom he hired C.D film after commission of offence which fact was also narrated by him in his confessional statement, as well as by medical evidence--As such his retracted confession corroborated by circumstantial evidence could be safely relied--Held: In absence of any other evidence confession of accused is to be considered in toto--According to confessional statement during span of 7/3 years appellant was continuously subjected to sodomy by deceased by extending threats and black mailing him, as such, on fateful night when he again took him to school for committing sodomy he made firing upon him with his pistol and went away--At time of committing offence appellant was a grown young man who was subjected to sodomy when he was child but deceased continued his shameful act for about 7/8 years; even not stopped to commit sodomy through appellant had grown up--Therefore, appellant has committed offence punishable u/s 302 (c) PPC which also covers offences punishable u/s 304 (old) PPC--Trial Court found appellant guilty u/s 303 (a) PPC providing punished for committing Qatl under ikrah-I-tam which section was not applicable in this case--However, from the circumstances it is established that appellant who was forced by circumstances to cause death of deceased has exceeded his right of self defence available to…

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