Law: Pakistan Penal Code, 1860

Section: 302,376

Law: Qanun-e-Shahadat Order, 1984

Section: 40

PLJ 2026 SC (Cr.C.) 1 [Appellate Jurisdiction] Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302 & 376--Qanun-e-Shahadat Order, 1984 (10 of 1984), Art. 40--Circumstantial evidence--judicial confessional--last seen evidence--Medical evidence--Cause of death was asphyxia--Recovery of dopatta on the pointation of accused--Mitigating circumstance--Sentence is modified under section 302(b) from death to imprisonment for life--The circumstantial evidence includes the natural conduct and credible testimony of the complainant (PW-1); the last seen evidence furnished by (PW-2); a voluntary judicial confessional statement of the appellant; the recovery of dopatta of the deceased on the pointation of the appellant; and medical evidence corroborating the cause of death as homicidal asphyxia--PW-2 had seen the deceased in the company of the appellant at a shop located constitutes last seen evidence--The confessional statement of the appellant is of pivotal importance--Recovery of the dopatta of the deceased from the abandoned house of the appellant, effected on the pointation of the appellant--Death of the minor daughter was homicidal in nature--The cause of death was asphyxia due to pressure on both nostrils and compression of blood vessels, leading to cerebral insufficiency--The prosecution has succeeded in establishing an unbroken chain of circumstantial evidence--There are some inconsistencies of a minor dimension in prosecution evidence which throw up doubts about prosecution version but do not qualify for acquittal--The appeal is partly allowed--Sentence is modified under section 302(b) from death to imprisonment for life.                                                             [Pp. 4, 5, 6 & 7] A, B, C, F, H, I 2013 SCMR 374 ref. Retracted Judicial Confession-- ----A conviction can be recorded on the basis of a retracted judicial…