Law:

Section:

(a) Evidence Art (I of 1872)-- S. 21-Confession, retracted-Corroboration-No pistol recovered from accused appellant, nor any evidence produced showing appellant having come armed with a pistol or his having kept his movements secret from his brother, lower Court's finding confession having been corroborated by circumstantial evidence "in all material particulars" from accused's confessional statement containing such allegations, held, contrary to evidence on record-Penal Code XLV of 1860), S. 302.-[Confession]. The State v. Minhun alias Gul Hassan P L D 1964 S C 813 ref. (b) Evidence Act (I of 1872)- -- S. 27-Recovery-Impugned incriminatory letter alleged by accused to have been written by him under duress whilst in Police custody­Circumstances also casting doubt on authenticity of letter-Letter, according to recovery memo., secured from clothes of deceased by Doctor carrying out post-mortem examination but Doctor not saying so and Police Officer (witness) on other hand stating to have secured it from "a personal search of deceased"-Recovery, held, doubtful in circumstances.-[Recovery]. (c) Evidence Act (I of 1872)- -- S. 21-Confession-Corroboration-Corroboration of confession- ­Can be furnished by a piece of evidence only when it renders in­culpatory part of confession more probable.-[Confession]. There is not a word in the letter to convey even a threat to the deceased, but the trial Court has read the letter to mean that the appellant bad reciprocated the desire of the deceased for an affair and it has held that this admission by the appellant of a desire for a homo-sexual attachment was a piece of evidence which corroborated the confession in material particulars. But a piece of evidence can furnish corroboration of a confession only if it renders more probable the inculpatory part of that confession, therefore, even if the letter contains an admission, as held by the trial Court, at the highest, that admission affects the probability of the statement in the confession that the appellant had met the deceased on the day of the occurrence. But this admission does not throw any light whatever on, much less affect in any way the probability of the statement of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492