Law: Pakistan Penal Code, 1860

Section: 302(b), 393 & 34

(a) Penal Code (XLV of 1860)-------Ss. 302(b), 393 & 34---Qatl-i-amd, robbery, common intention---Appreciation of evidence---Confession, retraction of---Admissibility---Accused were charged for committing murder of the brother of the complainant by strangulation during robbery---As per record one of the accused persons AH made a judicial confession, which was later retracted---Retracted confession could be relied upon if it was found to be voluntary and was truthful and fit in with the prosecution case---In the present case, the accused had claimed that his confession was not voluntary and was a result of him being maltreated by the police---No mention of this was made in the statement of accused recorded under S. 342, Cr.P.C, and no sign of maltreatment was seen on him at the time of making his confession---Said accused did not give evidence on oath to support his claim---Accused was not in injured condition at the time of the confession---Confession fully fit in with the prosecution case, namely that an attempt was made to break upon an ATM inside a bank in order to rob it and the bank guard was killed during such attempted robbery---As such it was found that confession was made voluntarily with the object to tell the truth---Appeal of accused persons AK and AH against conviction was dismissed, in circumstances.(b) Penal Code (XLV of 1860)-------Ss. 302(b), 393 & 34---Qatl-i-amd, robbery, common intention---Appreciation of evidence---Accused identified through CCTV footage---Accused were charged for committing murder of the brother of the complainant by strangulation during robbery---Record showed that one of the accused persons AK had been correctly identified in the CCTV as being present at the time of the incident---Said accused was also a security guard at the bank who was due to come on duty in the morning so his presence at the bank when the body was discovered was not particularly unusual---Likewise the finger prints of the said accused being found at the scene of the crime and his CDR data indicating that he was in touch with the deceased and co-accused during the night as the deceased was a security guard and the other coaccused were his…

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