Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)-------Art. 39---Confession---Retracted Confession---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider the contentions of accused that if the Courts below would have considered the retracted confession as a whole, the accused would not have been awarded the death penalty and that the confession was retracted, and, therefore, in order to convict the accused there should have been corroboration and further that the confession should have been read as a whole and reliance should not have been placed merely or the inculpating part and ignoring the other portion. (b) Qanun-e-Shahadat (10 of 1984)--- ---Art. 39---Criminal Procedure Code (v of 1898), S.164---Confession--­Retracted confession---Corroboration---Quality of corroboration---Retracted confession has to be accepted only if it is corroborated by clear, cogent and independent evidence---Court is called Upon to act upon a retracted confession to enquire into all the material points and surrounding circumstances and satisfy itself fully that the confession cannot but be true. Retracted confession should be accepted only if it is corroborated by clear cogent and independent evidence. :though there is no such provision to accept retracted confession on this basis, this is a rule of prudence in tit administration of criminal justice which has been followed by all the jurists an authorities. The Court ought to examine whether a confession is made voluntarily, free from coercion and torture and also examine the circumstance under which it was made and retracted. However, if the reason given for retracting is palpably false, absurd and incorrect the Court can accept such confession without corroboration. But for the safe administration of justice it will be proper, though not necessary to seek some corroboration for retracted confession. The corroboration of such confession should be of material particulars connecting the accused with the offence. As against the maker himself his confession, judicial or extra judicial, whether retracted or -not retracted can in law validly form the sole basis of his conviction, if the Court is satisfied and believes…

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