Law: Penal Code (XLV of 1860)

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 164

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd---Appreciation of evidence---Judicial confession---Circumstantial evidence---Motive---Scope---Accused was alleged to have murdered his own daughter---Accused had voluntarily appeared in the police station by admitting his guilt and thereafter, he had made his judicial confession before the Magistrate---No direct evidence was available against the accused but strong circumstantial evidence was available on record---Medical evidence proved that the death was caused due to pressing of throat---Dead body of the deceased was recovered from the house of accused---Motive behind the incident was that the deceased had married without the consent of accused---Motive was proved because accused had accepted such fact in his confession---Delay of seven days in recording confessional statement was not a sufficient reason to discard the same---Accused contented that he had recorded confession because his son was under arrest at the relevant time---High Court observed that accused did not mention such fact during his confessional statement nor did he lead any evidence in that regard---Prosecution had proved its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances. Minhon and another v. State 1996 PCr.LJ 528; Naqibullah and another v. The State PLD 1978 SC 21; Muhammad Yousaf v. The State 1995 SCMR 351; Ata Muhammad and another v. The State 1995 SCMR 599; Munir Ahmed alias Munni v. The State 2001 SCMR 56 and Muhammad Akram v. the State 2009 SCMR 230 distinguished. Gul Jamal v. State 1980 SCMR 654 ref. State v. Minhun alias Gul Hassan PLD 1964 SC 813 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 164---Judicial confession---Delay in recording---Scope---Delay in recording the confessional statement by itself is not sufficient to affect its validity, however, no hard and fast rule can certainly be laid down about the period within which the confessional statement of the accused ought to be recorded during investigation. Nabi Baksh v. State 1999 sCMR 1972 and Muhammad Yaqoob v. State 1992 SCMR 1983 ref. (c)…

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