Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 365-A & 34---Anti-Terrorism Act (XXVII of 1997), S. 7(e)---Qatl-i-amd, kidnapping or abduction for extorting property, valuable security, etc., common intention, act of terrorism---Appreciation of evidence---Retracted confession---Scope---Prosecution case was that son of complainant was allegedly abducted by the accused and co-accused for ransom but he was later on murdered by them---Accused had made confessional statement before the Judicial Magistrate but they denied their confessional statement and had alleged that their alleged confessions were involuntary and was recorded after delay of fourteen days---Validity---Prosecution had not derived any undue advantage due to delay in recording confessions, as such said factor in no way adversely affected the voluntariness of confession---Record showed that both the accused were educated persons---If police wanted confessions on account of any coercion, accused persons had full opportunity to refuse the making of confessions before the Judicial Magistrate but it was not done---Confessions were corroborated by other evidence and appeared to have been made voluntarily, without any inducement or coercion---Mere fact that there were some irregularities in recording of confession would not warrant disregarding the same---Appeal against conviction was dismissed in circumstance. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 365-A & 34---Qanun-e-Shahadat (10 of 1984), Art.40---Anti-Terrorism Act (XXVII of 1997), S. 7(e)---Qatl-i-amd, kidnapping or abduction for extorting property, valuable security, etc., common intention, act of terrorism---Appreciation of evidence---Discovery based on the information furnished by both the accused---Effect---Record showed that after arrest both accused led the police to the place where they had thrown the dead body of son of the complainant---Both the accused had led police to the house, where they had confined the deceased---Accused had shown store in the house where they committed murder of the deceased with wire by strangulation and college card of the deceased was recovered underneath the bed---No explanation had been furnished…