Law:

Section:

(a) Penal Code (XLV of 1860)--- ---- S. 302/34 --- Constitution of Pakistan (1973), Art. 185(3) --- Leave to appeal was granted by Supreme Court to accused to consider the legality of the judicial confessions alleged to have been recorded on oath. (b) Penal Code (XLV of 1860)--S. 302/34 --- Criminal Procedure Code (V of 1898), S. 164 --- Confession Appraisal of evidence --- Magistrate while recording confessional statements of the accused had taken all the precautions and had faithfully complied with all the formalities as envisaged under S. 364, Cr.P.C.---Not believable that the Magistrate who was well-cognizant with the law would have administered oath to the accused before recording their statements --- Expression " Baqarar Salah" appeared to have been written as a matter of routine and in fact no oath had been administered --- Delay in recording in confession by itself could not render the same negatory if otherwise it was proved on record to have been made voluntarily---Voluntary nature of the confessions made by accused could not be doubted which also stood amply corroborated by the recoveries of blood-stained clothes, earth and weapons --- Motive for the occurrence also stood proved on record against the accused --- Convictions and sentences of accused were upheld in circumstances. Muhammad Bakhsh v. The State PLD 1956 SC 420 and Muhammad Ismail and another v. State 1995 SCMR 1615 ref. (c) Criminal Procedure Code (V of 1898)--- S. 164 --- Penal Code of (XLV of 1860), S. 302/34 --- Confession --- Delay in recoding confession --- Effect --- Delay in recording the confession by itself cannot render the confession nugatory if otherwise it is proved on record that the same was made voluntarily. (d) Criminal Procedure Code (V of 1898)--- ---- S. 164~--Penal Code (XLV of 1860), S. 302/34 --- Confession --- Retracted confession --- Conviction on retracted confession --- Conviction on the basis of retracted judicial confession alone is sustainable in law, provided the confession had been recorded in accordance with law. JUDGMENT SH. RIAZ AHMED, J.---This judgment shall dispose of above two appeals filed by convicts Khan Muhammad and Mst. Kanizan alias Kaneez…

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