| Citation(s) |
|---|
| 2004 SLG 3067 = 2004 SLD 3067 = 2004 PLJ 23 = 2004 PCRLJ 677 |
Federal Shariat Court
Crl. Appeal No. 110-Q of 2002, decided on 14.1.2004
Presented By: saeed-ur-rehman farrukh, J.
Mr. Ammanullah Kanrani, Advocate Counsel for Appellant. Qari Abdul Rashid, Advocate Counsel for Responden
Crl. Appeal No. 110-Q of 2002, decided on 14.1.2004
Presented By: saeed-ur-rehman farrukh, J.
Mr. Ammanullah Kanrani, Advocate Counsel for Appellant. Qari Abdul Rashid, Advocate Counsel for Responden
SAEED-UR-REHMAN FARRUKH, J. KHAWAND BAKHSH alias KHAWANDO-Appellant
VERSUS
STATE-Respondent
Law: Pakistan Penal Code, 1860
Section: 392, 17(3)
Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979
Section: 17(3)
. Pakistan Penal Code, 1860 (XLV of 1860) S. 392 read with S. 17(3) Offence of Zina Hudood Ordinance (VII of 1979) S. 17(3)--Meaning--Confession is the total acknowledgement of one's guilt-Evidence of person against himself. [P. 27] A Confession Condition for the validity of confession—Confession must be made before the competent authority-Confession not made before Qazi has no validity-Corroboration from other evidence, direct or circumstantial is essential--A retracted confession may be treated to be sufficient to sustain a conviction for a capital offence, if the Court of the view that the same is voluntary and is true but as a rule of produce the .same should not be acted upon unless corroborated by some other reliable evidence-No evidence produced to support the retracted confession-Case of acquittal- Appeal accepted. ' [Pp. 28 & 29] B, C, D, E & F t. Date of hearing : 14.1.2004. judgment This appeal is directed against the judgment dated 17.10.2002', passed by the Additional Sessions Judge Sibi, whereby the appellant was convicted under Section 392 PPC and sentenced to undergo rigorous imprisonment for ten years with a fine of Rs. 30,000/- or in default to further suffer four months S.I. The benefit of Section 382-B, Cr.P.C. was extended to him. 2. The facts…