Law:

Section:

(a) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S. 8(a)---Confession---Court of competent jurisdiction---Magistrate is not a Court of competent jurisdiction within the meanings of para. (a) of S.8 of the Ordinance. (b) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----Ss. 8 & 10---Confession---Confession which can be made use of for the purpose of Hadd is not the same which is required in the case of Ta'zir, inasmuch as in the first case the confession must be recorded by a Court of competent jurisdiction i.e., a Court of Session, but in the second case it is not necessary that it should be recorded by such Court only---In case of Ta'zir confession made before a Magistrate can also be taken into account---Whereas a confession, when retracted, becomes redundant in the case of Hadd, it continues to be a piece of evidence in the case of Tazir which can be relied upon or discarded by the Trial Court in the light of the circumstances of the case. (c) Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--- ----S.10(3)/11/16---Penal Code (XLV of 1860), S.344/109/34---Constitution of Pakistan (1973), Art.203-DD(3)---Criminal Procedure Code (V of 1898), S.417 read with S.20 of Ordinance (VII of 1979)---Appeal and revision against acquittal---Case being of Ta'zir Trial Court could not brush aside the confessional statements made by accused on the ground that the same were not recorded by a Court of Session but were recorded by a Magistrate---Since trial Court had omitted from consideration said confessional statements which had constituted material pieces of evidence, its judgment acquitting the accused was set aside and the case was remanded to Trial Court for fresh decision after taking into consideration the aforesaid confessions and the pleas raised against them. Mumtaz Khan v. The State 1992 PCr.LJ 412 disagreed. Muhammad Naseer v. The State PLD 1988 FSC 58; Gul Munir and another v. The State 1990 PCr.LJ 1878 and Shah Rasool v. Muhammad Zubair and others PLD 1983 FSC 62 ref. JUDGMENT MUHAMMAD ILYAS, J: --This judgment shall dispose of the instant appeal, namely, Criminal Appeal No.73/P of 1992 as well as…

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