Law: Pakistan Penal Code, 1860

Section: 34,302

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

Section: 40

Law: Criminal Procedure Code (V of 1898)

Section: 161,103

Law: Anti Terrorism Act, 1997

Section: 7

(a) Penal Code (XLV of' 1860)--- ----S.302/34---Anti-Terrorism, Act (XXVII of 1997), S.7---Qanun-e-Shahadat (10 of 1984), Art.40---Criminal Procedure Code (V of 1898), S.103--Qatl-e-amd, acts done by several persons in furtherance of common intention, act of terrorism---Appreciation of evidence---Valid procedure of recording confessional statement---Arrest of accused was kept secret by Police till the matter was brought to the notice of the court by his mother-Magistrate was required by law to dispel all signs of fear from the accused's mind by informing him that he was not bound to make the confessional statement and he would not be handed over to Police, instead, he would be sent to judicial lock-up whether he made the confessional statement or not---In the present case, language of the question put by the Magistrate suggested that the accused would be sent to the judicial lock-up only 'if he made confessional statement, fear of Police thus was not dispelled from the mind of the accused as required by law---Such confession would not be considered voluntary where accused remained in Police custody immediately before or after recording confessional statement---Custody of accused back to Police after confession vitiated validity and evidentiary value of such confession---Confessional statement having not been recorded in the manner prescribed by law, was excluded from consideration by the court---Pistol allegedly recovered on pointation of the accused was shown to have been recovered by the same Investigating Officer on the same day but sealed in a different parcel---Sealing of the same pistol simultaneously in two different parcels could not be believed---Recovery memo was tampered with and parcel number was added later---Under Art.40 of the Qanun-e-Shahadat, 1984 the compliance of S.103, Cr. P. C. vis-a-vis attendance of two or more respectable inhabitants was not mandatory where the place of recovery was only in the knowledge of the accused but, where the Investigating Officer knew the place of recovery before disclosure of such place by the accused, compliance of S.103, Cr.P.C. was compulsory---Disclosure of place of recovery by the accused to the…

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