Law: Pakistan Penal Code, 1860

Section: 302(b),364(A),376(i)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b), 364(A) 376(i)--Conviction and sentence--Challenge to--Nature of crime is serious and heinous in nature as a girl of 7/8 years was not only committed to rape but done to death by strangulation--But on this reason alone an offender cannot be sent to gallows--Emotion, sympathy, empathy and kindness are aliens during dispensation of justice--For a Judge only principle is to follow is ‘Let justice be done though heavens fall--Under High Court Rules and Orders following questions have been formulated which a Magistrate is bound to put to an accused under all circumstances for purpose of his satisfaction that same is being made with free will and consent, without any promise, duress, compulsion, threat, ill treatment or any other extraneous consideration--Prosecution itself has confirmed that appellant was arrested much earlier to 17.01.2011 which means that he remained under illegal confinement since actual day of his arrest, so on this ground alone confession has lost its worth--When confession of appellant (PM) was recorded--It was in complete deviation of statutory provisions and procedure prescribed earlier and principles settled by apex Court--Criminal appeal is allowed is acquitted from case. Confession-- ----A volunteer confession by accused always remained an important consideration for apex and higher Courts of country. False Confession-- ----According to National Registry of Exonerations, 27% of people in registry who were accused of homicide gave false confessions, and 81% of people with mental illness or intellectual disabilities did same when they were accused of homicide--Most of cases having evidence of confession are failed when brought in Court on various reasons.[P. 379] G Mr. Abdul Samad Ali and Mr. Muhammad Ilyas Jamil, Advocates for Appellant. Mr. Muhammad Laeeq-ur-Rehman Khan, ADPP for State. Nemo for Complainant. hearing date: 1.11.2021. JUDGMENT Mohib Ali (appellant) had faced trial in case FIR No. 437 (PA/1) recorded on 01.12.2010 under Sections 302/34, PPC at police station Sadar District Rajanpur on the complaint of Habib-ur-Rehman (Pw-6) for the allegations of commission of rape and…

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