| Citation(s) |
|---|
| 2021 SLG 370 2021 SLD 370 2021 PCRLJ 81 |
Criminal Jail Appeal No. 400 of 2017 and Criminal Revision Application No. 72 of 2013, decided on 11-02-2020, Date of hearing: 29-01-2020.
MOHAMMED KARIM KHAN AGHA, JUSTICE, ABDUL MOBEEN LAKHO, JUSTICE
Nasrullah Korai for Appellant (in Criminal Jail Appeal No. 400 of 2017). Muhammad Iqbal Awan, Deputy Prosecutor General, Sindh for the State (in Criminal Jail Appeal No. 400 of 2017). Imtiaz Hussain Gondal for Applicant (in Criminal Revision Application
TASSADUQ HUSSAIN SHAH
VS
THE STATE AND ANOTHER
Law: Penal Code (XLV of 1860)
Section: 302(b)
Law: Qanun-e-Shahadat (10 of 1984)
Section: 40
----Judicial confession--- Retraction--- Effect--- Retracted judicial confession can be legally admissible and used against its maker in certain circumstances.
Muhammad Amin v. The State PLD 2006 SC 219 fol.
(b) Penal Code (XLV of 1860)---
----S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 40---Qatl-i-amd---Appreciation of evidence---Disclosure by accused---Proof---Retracted judicial confession---Un-broken chain of evidence---Accused was widow of deceased and on her disclosure made during investigation, dead body was recovered---Accused made confessional statement before Judicial Magistrate---Accused retracted her confessional statement during trial but she was convicted by Trial Court---Confessional statement of accused was free from all taints and was made voluntarily without duress or inducement---Such statement of accused was truthful and fully fitted in with prosecution case which was recorded in accordance with law with all relevant safeguards complied with by Judicial Magistrate---Prosecution had based its case on circumstantial evidence whereby different pieces of evidence made an unbroken chain where one end of the chain touched the dead body and the other neck of accused---High Court declined to interfere in conviction and sentence awarded to accused by Trial Court---Appeal was dismissed in circumstances.
Ghulam Mohy-ud-Din alias Haji Babu and others v. The State 2014 SCMR 1034; Ali Bux and others v. The State 2018 SCMR 354; Zahoor Ahmed v. The State 2017 SCMR 1662; Hamid Mahmood and another v. The State 2013 SCMR 1314; Nazir Shehzad and another v. The State 2009 SCMR 1440; Zakir Khan and others v. The State 1995 SCMR 1793; The State v. Manzoor Ahmed in Cr. Appeals Nos. 1 and 2 of 1965 PLD 1966 SC 664; Muhammad Sharif v. The State 2011 SCMR 1046; Muhammad Amin v. The State PLD 2006 SC 219 and Atta-ur-Rehman and another v. The State 2018 SCMR 372 ref.
Azeem Khan and another v. Mujahid Khan and others 2016 SCMR 274 rel.
JUDGMENT
ABDUL MOBEEN LAKHO, JUSTICE:---.---
Through instant Criminal Jail Appeal, the applicant has assailed judgment dated 28.02.2013 passed by learned District and Sessions Judge Karachi (West), in Sessions Case No. 326 of 2002, arising out of FIR No.78 of 2002 registered at Police Station Mauripur, Karachi, convicting and sentencing the appellant/accused under section 302/34, P.P.C. to life imprisonment as Tazir. The complaint has also assailed the judgment dated 28.02.2013, seeking enhancement of sentence from imprisonment of life to sentence of death.
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