Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)-------Arts. 39 & 40---Penal Code (XLV of 1860), S.302---Extra judicial confession---Value---Evidence of extra-judicial confession alone without any corroboration was not sufficient to maintain any conviction thereon---One weak piece of evidence could not corroborate another similar evidence. (b) Penal Code (XLV of 1860)--S.302---Qanun-e-Shahadat (10 of 1984), Arts. 39 & 40---Re-appraisal of evidence---Accused, about a month prior to the registration of F.I.R. was alleged to have had a quarrel with his wife, who thereafter left the accused's house alongwith his brother leaving the two children in the accused custody---Brother of accused's wife, allegedly went to accused's house to enquire about the children when allegedly accused made an extra-judicial confession before him admitting to have thrown the children in the canal, thus, causing their death---Such extra judicial confession was alleged to have been heard by two other witnesses---Accused, during the investigation was said to have led the Investigating Officer in presence of the witnesses to the place where the children had allegedly been thrown by him into the canal---Nothing incriminating could be recovered from the place---Accused, in his statement before the Court, denied the allegation and pleaded innocent but neither produced any evidence in his defence nor he made any statement under S.340(2), Cr.P.C.-Although there was evidence of extra judicial confession allegedly made by the accused before prosecution witnesses but that evidence was not corroborated by any other evidence produced by the prosecution---Neither the bodies of the children nor any other incriminatory evidence could be recovered by the police during the course of investigation in the case---Evidence of pointing out the place of occurrence by the accused, could not be of any consequence, to the prosecution as nothing incriminatory was recovered there from by the police---Such evidence, in fact, was inadmissible as same could not be considered as exception to Art.39, Qanun-e-Shahadat, 1984---Accused had merely pointed out the place to the police as being the place where the children had been…

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