Law: Penal Code (XLV of 1860)

Section: 302,34

Law: Civil Procedure Code (V of 1908)

Section: 164

Law: Qanun-e-Shahadat (10 of 1984)

Section: 129(g)

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 34---Criminal Procedure Code (V of 1898), S. 164---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Unseen occurrence---Retracted confession--- Delay in recording confessional statement---Effect---Accused was alleged to have murdered the son of complainant---Nobody was initially charged by the complainant for the murder but later on accused and another were charged---Complainant had not disclosed his source of information for charging the accused---Witness to whom the co-accused had allegedly sold the mobile phone of deceased was not examined during the trial---Mobile phone of deceased produced in the court was not in sealed condition---Confession of accused persons, which was otherwise exculpatory in nature, was retracted during the trial---Confession was recorded with a delay of four days after arrest with no plausible explanation and such delayed confession could not be made basis for recording conviction on a capital charge---Longer the custody of accused, weaker the evidentiary value of confession---Conclusions drawn by trial court were not borne out of the evidence, therefore, the conviction was not sustainable---Criminal appeal was allowed. NLR 2015 SCJ 121 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 164--- Confession--- Retracted confession--- Corroboration---Scope---Retracted confession was to be corroborated by some other independent evidence for recording conviction. (c) Criminal Procedure Code (V of 1898)--- ----S. 164---Confession---Retracted confession---Scope---Where accused confesses his guilt but pleads not guilty during trial, then prosecution is bound to prove guilt beyond any shadow of doubt. 2017 SCMR 713 rel. AIR 2003 SC 3601; (2003) 8 SCC 180; 2017 SCMR 986; 2017 SCMR 898; 2012 SCMR 580 and 2016 SCMR 274 ref. (d) Criminal Procedure Code (V of 1898)--- ----S. 164---Confession---Delay in recording confessional statement---Effect---Confession recorded with a delay of four days after arrest, with no plausible explanation, cannot be made basis for recording conviction on a capital charge---Longer the custody of…

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