Law: Pakistan Penal Code, 1860

Section: 34,201,302(b),376

Law: Juvenile Justice System Ordinance, 2000

Section: 2(b),4

Law: Criminal Procedure Code (V of 1898)

Section: 161,164,173,342

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 376, 201 & 34--- Qatl-i-amd, rape, causing disappearance of evidence of offence, common intention---Appreciation of evidence---Accused was charged for committing murder of the daughter of the complainant---Record showed that Police Officer along with other Police Officials found the dead body of a minor girl lying in a gunny bag and took the same into possession---Prosecution had produced a witness of wajtakar, who stated that on 21.11.2008, he along with other person had seen accused-appellant going while carrying a gunny bag in his right shoulder, whereas on 13.01.2009,he heard the news of recovery of dead body of deceased from a Barsati Naala---Said witness had seen the accused outside the village upon a passage and the direction referred in his cross-examination regarding Dera of milk seller and Barsati Naala was in opposite direction---Witness had seen the accused from fifty meters from Barsati Naala---All the said aspects gave rise to a difficult situation in which it was not possible to identify a person who was earlier not known by the witness, especially in the late hours of night, when no light was referred in his statement---Statement of said witness seemed to be doubtful---Medical report of the dead body revealed that deceased died due to multiple injuries---Said aspect of the medical evidence played a significant role in the entire evidence and it related to the confessional statement of accused-appellant, wherein, he had stated that he dislocated the neck of deceased after strangulation---Said aspect had been confirmed by Medical Officer in his statement, therefore, the statement of accused was a key factor in the entire prosecution case---Record transpired that accused had been confronted with the confessional statement during his statement recorded under S. 342, Cr.P.C., wherein, accused had clearly expressed his retraction from the confessional statement recorded prior to trial---Mere retraction of confessional statement in statement under S. 342, Cr.P.C. did not absolve accused, especially when his confessional statement recorded by Magistrate revealed different corroborative pieces of evidence,…

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