Law:

Section:

(a) Penal Code (XLV of 1860)--- ---- S. 365-A/34 --- Constitution of Pakistan (1973), Art.-185(3) --- Leave to appeal was granted to accused by Supreme Court to consider --- Whether principles governing appraisal of evidence laid down by Supreme court were correctly followed by the Courts below to ensure safe administration of justice. (b) Penal Code (XLV of 1860)--S. 365-A/34 --- Criminal Procedure Code (V of 1898), S.164 --- Appraisal of evidence --- Delay of twelve days in recording the confession of the accused had not rendered the same inadmissible --- Recording of the confessions of two accused jointly or in presence of each other was not borne out from the record--­Accused were not in unlawful police custody during the period when their confessions were recorded --- Confessions made by accused tallied with each other in almost all respects with very minor variations which did not cast any doubt on the prosecution version --- No significant or material lapse on le port of the Magistrate in recording the confessions of the two accused was available and one or two minor omissions could not be termed as lapses to affect the evidentiary value of the said confessions --- Both the accused had led the police and others to the place where the dead body of the deceased child was found whic9 was a very important and admissible conduct against them providing corroboration for their involvement in the crime and for their confessions-' Audio cassette containing the conversation of the accused with the father of the deceased on telephone recorded at the instance of police, had also provided evidence against the accused --- Though confession of co-accused might not, by itself, be sufficient to corroborate the retracted confession of another accused, but in the presence of other evidence the confession of co-accused could be used as further corroboration --- Medical evidence had also supported the case of prosecution against the accused --- Retracted confessions of the accused were truthful and voluntary which were corroborated by the aforesaid pieces of evidence--­ Convictions and sentences of death awarded to accused were maintained in circumstances. Amir Ali v. State…

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