Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302--Conviction and sentence recorded against appellant by trial Court--Challenge to--Appeal against--As per complainant, some unknown persons after entering his house had murdered his nephew (deceased)--FIR registered and investigation conducted--On receiving an unknown telephone call at police station regarding involvement of appellant in murder of deceased, investigating officer called appellant at police station and he was interrogated--During interrogation appellant confessed the guilt in presence of PW--On basis of his confession he was taken in custody and case was initiated against him--It is dangerous to convict a person in heinous offence of murder on an un-reliable evidence--Implication of appellant is on basis of telephonic message received by investigating officer without any satisfactory proof--Even during investigation prosecution failed to bring any trust-worthy evidence against appellant--Prosecution has failed to prove guilt against appellant--Whole case is based on hearsay and unreliable evidence with improvement from time to time with no credibility--Appellant was acquitted from charge levelled against him--Appeal allowed. Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 37--Confession before police is no confession--Art. 37 of Qanun-e-Shahadat Order, 1984 provides that no confession made to police officer shall be proved as against a person accused of any offence. Confession-- ----Confession of accused--Validity of--Confession of accused can be based even on a retract confession, if Court is satisfied that confession was made voluntarily--However, as a rule of caution and prudence Court looks for other evidence and material on record of case to see corroboration of retreated confession before convicting accused--Suspicion howsoever strong it may be by itself cannot take place of proof unless direct or substantive evidence is available--Conviction must be based on unimpeachable evidence and certainty of guilty--Any doubt arising in prosecution case must be resolved in favour of accused. 2000 SCMR 785, ref. THIS JUDGMENT DELIVERED BY: YASMIN ABBASE, JUSTICE--.--- This Criminal Jail Appeal…

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