Law: Criminal Procedure Code (V of 1898)

Section: 164,103

Law: Pakistan Penal Code, 1860

Section: 302(b)

(a) Criminal Procedure Code (V of 1898)--- ----S. 164---Penal Code (XLV of 1860), S. 302(b)---Qatl-e-amd---Confessional statement---Handing over of accused to same police officer---Accused was convicted and sentenced by Trial Court on the basis of retracted confessional statement---Validity---After recording of confessional statement, Magistrate sent the accused to judicial custody through same police officer who brought him for confession---Such act of handing over accused to same police officer had detracted from sanctity of judicial confession as voluntarines of judicial confession which was essential pre requisite, had become doubtful in circumstances. Muhammad Pervez and others v. The State and others 2007 SCMR 670), Muhammad Ibrahim v. The State PLD 2000 Kar. 128 and 1984 PCr.LJ 611 rel. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Criminal Procedure Code(V of 1898), S.103---Qatl-e-amd---Appreciation of evidence---Benefit of doubt---Motive, proof of---Recovery--Accused was convicted on the basis of retracted confessional statement and he was sentenced by Trial Court for committing Qatl-e-amd---Validity---Two different version of motive were taken by prosecution, first motive of causing murder was that deceased being uncle of accused had developed illicit relations with his wife and when accused found them in objectionable condition, he accused murder but his wife ran away and wife of accused was not examined by prosecution to support the version of motive---Another motive as disclosed by prosecution witnesses was that there was criminal case prior to the incident, in which deceased was involve din murder of a female relative of accused but nothing had been brought on record in such respect---Both Mahirs/marginal witnesses did not support Mashirnama of place of occurrence, arrest and recovery; there was also non-compliance of S.103, Cr.P.C. as police did not examine any inhabitant of locality to witness recovery, arrest and place of incident etc.---Even single doubt was sufficient for extending benefit to accused---For extending benefit of doubt, it was snot necessary that there should be many circumstances creating doubt and if there was one…

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