Law:

Section:

(a) Criminal Procedure Code (V- of 1898), S. 164-Confes­sion, judicial-Mere fact that person making confession remained in police custody for sometime-Does not lead to conclusion that confession was tutored-Directions contained in Federal Capital of Sind Circular, Chap. VI, Part C that person from whom con­fession taken should be asked, how long he had been in police custody-Direction, contained in Circular, merely directory in nature and its irregularity does not vitiate confession-Full opportunity given to accused to explain circumstances in which they were making confessions-Confessions, held, made voluntarily and could be relied upon-Penal Code (XLV of 1860), S. 302. Juma and others v. The Crown P L D 1954 Lah. 783 ref. (b) Criminal Procedure Code (V of 1898), S. 337 and Evidence Act (1 of 1872), S. 133-Approver's evidence-No material contradiction between what approver stated in his confessional statement and his deposition in Court-Evidence of approver, in circumstance, could not be rejected as false because of minor omissions and discrepancies-Penal Code (XLV of 1860), S. 302. 1968SCMR 1182rel. Criminal Appeal No. K-24 of 1963 Saeed A. Sheikh and Haider Ali Pirzada, Advocates Supreme Court instructed by S. M. Hanif Advocate-on-Record for Appellant. Abdul Wahab Khan for Respondent No. 1 (in both the Appeals). Criminal Appeal No. K-25 of 1963. Murtaza Hussain, Advocate Supreme Court instructed by Yousaf Rafi Advocate-on-Record for Appellant. Dates of hearing : 23rd, 24th and 26th August 1972. JUDGMENT WAHEEDUDDIN AHMAD, J.-These appeals by special leave are directed against the order of the former High Court of West Pakistan, Karachi Bench, in Criminal Appeal No. 453 of 1961, (Confirmation Case No. 19 of 1962), Criminal Appeal No. 59 of 1962, and Criminal Appeal No. 60 of 1962, dated the 5th February 1963. By this judgment, the respondents' appeals were allowed, their conviction was set aside and the death sentence against respondent Sohbat Khan was not confirmed. Respondent Sohbat Khan, along with Abdul Ghafoor and Alauddin was tried for the murder of Mrs. Rafia Pirzada and for murderous assault on Mr. Sharifuddin Pirzada by the Additional Sessions Judge,…

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