Law:

Section:

(a) Criminal Procedure Code (V of 1898)-S. 164-Confession, recording of-Accused kept in Police custody for seven days before recording of their confessional statements-No explanation for such inordinate delay-Magistrate also not satisfying himself about cause of delay before recording confessional statements nor putting any question to accused if they were tortured by Police drying their arrests-Reasons for making confessions also not inquired into-Magistrate however found to have taken precautions to assure himself of confessions being voluntarily made without any inducement, threat or promise--Inadvertent lapses on his part, held, no reason to disbelieve Magistrate on point-Discrepancy with regard to period of custody being unexplained probable inference of accused being detained for interrogation by police a day before being arrested formally - Circumstance, held further, raised suspicion of Police having not acted quite fairly in investigation of case.-[Confession ­Investigation]. (D) Evidence Act (I of 1872)-- -- S. 24-Confession-Admissibility-Accused denying having confess­ed their guilt before any Magistrate while giving their statements before committing Magistrate but while on trial in Sessions Court, stating same having been obtained forcibly by torture-Accused's stand not only inconsistent but also not supported by any evidence­ Investigating Officers, produced to prove prosecution case, not cross­examined to show confessions having been obtained by torture. ­Cross-examination of Magistrate recording confessions also not showing confessions having been obtained under any inducement, threat, or promise-Confessions, held, could not in circumstances be struck down as inadmissible.-[Confession]. (c) Criminal Procedure Code (V of 1898)- S. 164 read with West Pakistan High Court Rules and Orders, Vol. 111, Cl. 13-Federal Capital of Sind Court Circular, Ch. VI, Part (C)-Confessions, recording of-Duty of Magistrates. -[Confession]. The provisions in Chapter 13, Vol. III of the then West Pakistan High Court Rules and Orders and those in Chapter VI, Part (C) of Federal Capital of Sind Circular are in the nature of instructions issued to the Magistrates for…

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