Law: Penal Code (XLV of 1860)

Section: 302(b),324

Law: Anti Terrorism Act, 1997

Section: 7(1)(a)

(a) Criminal trial--- ----Judicial confession--- Retraction--- Admissibility--- Principles---Accused can be convicted even on the basis of retracted judicial confession provided it is (a) made voluntarily, (b) is truthful and (c) fits in with case of prosecution and is corroborated by other independent evidence. Azeem Khan v. Mujahid Khan 2016 SCMR 274 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 324---Anti-Terrorism Act (XXVII of 1997), S.7(1)(a)---Qatl-i-amd and attempt to Qatl-i-amd---Appreciation of evidence---Delay in registration of FIR---Benefit of doubt---Retracted judicial confession---Crime weapon, non-recovery of---Blind murder---Retracted judicial confession alone could not form basis for convicting accused in case of capital punishment without independent corroborative evidence---No such evidence against accused was available as weapon of offence was not recovered from him---Positive report of Forensic Science Laboratory was inconsequential, in circumstances---No eye-witness to the incident was on record and there was no circumstantial evidence linking accused with the offence---Burden to prove guilt was upon prosecution who was bound to prove its case beyond shadow of reasonable doubt--- If single circumstance had created doubt in case of prosecution, its benefit was to go to accused not as a matter of grace or concession but as a matter of right--- High Court set aside conviction and sentence awarded to accused by Trial Court and acquitted him of charge---Appeal was allowed in circumstances. Tariq Pervez v. The State 1995 SCMR 1345 rel. JUDGMENT ZULFIQAR ALI SANGI, JUSTICE:---.--- Filed the instant Criminal Appeal on being aggrieved and dissatisfied with the impugned judgment dated 10.05.2018 passed by learned Judge, Anti-Terrorism Court No.XVII, Karachi in Special Case No.291/2017 [(Old Case No.45(VII)/2017) (New Special Case No.102/2017 under FIR No.13/2014 for the offences under sections 302, 324, 34, P.P.C. read with section 7 of A.T.A., 1997 registered at Police Station Bahadurabad, Karachi; whereby appellant was convicted and sentenced as under: a) Convicted under section 302(b), P.P.C. and awarded death sentence with direction…

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