Law: Criminal Procedure Code (V of 1898)

Section: 164(3),364,533

(a) Criminal Procedure Code (V of 1898), Ss. 164 and 364-Provisions disregarded in recording confession--High Court, Lahore, Rules and Orders, Chapter XIII, Volume III--Punjab Government circular letter No. 6091-J-36139829 (H. Judicial), dated 19th December 1936--Directions not complied with-Confession, held not duly made and therefore inadmissible. Confession is inadmissible in evidence unless the Magistrate is found to have made real and- substantial inquiries which he was bound to do as to its voluntary nature before recording it. (b) Criminal Procedure Code (Act V of 1898), S. 533----­Irregularities in recording a confession when can be cured. Irregularities in recording a confession can be cured under section 533 Criminal Procedure Code. But it is only when the Court is satisfied that the confession had been made duly although it was not recorded duly. In other words the matter is one of substance and not merely that of form. JUDGMENT SIR A. RAHMAN A. C. J. This is a jail appeal by one Mst. Bakhat Bano who Was found guilty of murdering her daughter Shireen Akhtar an infant about one and a half years old, by throwing her into a well called Bhagewala on or about the 5th August 1947 and sentenced to transportation for life. The extreme penalty of law was not imposed as, to use the learned Sessions judge's concluding words, "this unfortunate woman had been leading a very unhappy life due to the immorality of her husband who was carrying on with his ex-wife and had in fact got an illegitimate child from her and whose visits were the cause of occasional fights between Feroze and his wife Bakht Bano accused." The learned Sessions judge proceeded to add "that lust. Bakht Bano was homeless at least for a month before this murder and had been maintaining herself by filling water in the houses of some rich Khojas. The presence of the child was an encum­brance and interfered with her attempt to eke out her living. The child was a burden. Her husband was faithless and it appears that she was homeless. Under these circumstances I would consider that it was an act of a disappointed and hard hit woman." The short question therefore for us to answer is whether the offence…

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