Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 17(4)

Law: Constitution of Pakistan, 1973

Section: 203F(2-B)

Law: Criminal Procedure Code (V of 1898)

Section: 417,439

(a) Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979)   S. 17(4) Constitution of Pakistan (1973), Art. 203 F (2 B) Reasons given by Trial Court for discarding the retracted confession of accused were not only sound but were also in accordance with the accepted rule of criminal jurisprudence that a confessional statement could be used only as a corroborative piece of evidence for proving prosecution theory Trial Court had rightly found that the confessional statement of accused was not voluntary and that it could not stand with the prosecution case Observation made by Federal Shariat Court that accused had not alleged any maltreatment by the police before recording of his confessional statement was based on misreading of the evidence on record Statement of accused on oath before Trial Court when read with the prosecution evidence had created a serious doubt with regard to the voluntary nature of his confessional statement Circumstances justifying interference with the acquittal of Trial Court by Federal Sharait Court, therefore, did not exist and no case for remand to the Trial Court for rewriting the was consequently made out Order of Federal Shariat Court passed in revision was set aside accordingly. Ghulam Sikandar and another v. Mamaraz Khan and another PLD 1985 SC 11 ref. (b) Criminal Procedure Code (V of 1898)   Ss. 417 439 Appeal and revision against acquittal Acquittal is not to be interfered with lightly and due consideration and weight is to be attached to the observations made in it and more strictly if it is recorded by Trial Court which has the opportunity of examining the witnesses and observing their demeanour in Court.  (c) Confession.   Retracted confession Conviction Conviction on retracted confession of accused Court before convicting an accused person solely oh the basis of his retracted confession must satisfy itself that it is voluntary and true and is corroborated by some independent direct or circumstantial evidence ensure safe administration of justice.  JUDGMENT SAIDUZZAMAN SIDDIQUI, J:The appellants were tried alongwith Haji Muhammad Rafiq son of Ghulam Nabi, Abdul Shakoor…

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