Case Details

Citation(s)
1991 SLG 1079 1991 SLD 1079 1991 SCMR 942
Supreme Court of Pakistan
Criminal Appeals Nos. 4-O to 17-0 of 1989, dates of hearing:19th and 20-08-1990. decided on 27-08-1990 (From the -judgment of the High Court of Balochistan, Quetta, dated10-3-1988 passed in Criminal Jail Appeals Nos.27, 31, 34 and36 of 1987).
SHAFIUR RAHMAN, ABDUL QADEER CHAUDHRY AND AJMAL MIAN, JJ

MUHAMMAD GUL and others

Law:

Section:

Explosive Substances Act (VI of 1908)--Ss. 3, 4, 5 & I6---Penal Code (XLV of 1860), Ss. 302, 307, 436 & 109---Appreciation of evidence---Delay in getting judicial confessions recorded was not fatal---Identification of accused was proved by independent and reliable evidence---Judicial confessions although detracted were found voluntary and consistent with prosecution case and same were corroborated by ocular testimony of various witnesses including persons from whose places explosive materials were recovered at the pointation of accused and who had no personal motive to falsely implicate accused---Requisite proof of malice was also provided in the retracted confessions---Courts below, held, had evaluated the evidence on record properly and no infirmity of the nature calling for interference by Supreme Court was found---Appeals were dismissed in circumstances. Syed Sharifuddin Pirzada v. Sohbat Khan and 3 others P L D 1972 SC 363; Abdur Rashid v. Umid Ali and 2 others P 1, D 1975 SC 227; Naqibullah and another v. The State P L D 1978 SC 21; Kamir v. Nazir Ahmad and others 1980 S C M R 791 and Muhammad and others v. The State P L D 1981 SC 635 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 164---Judicial confessions, evidentiary value of---Unless Magistrate is held to have tampered with the recorded confessions, delay simpliciter in forwarding the same by him to Deputy Commissioner would not affect the evidentiary value of the confessions. (c) Criminal Procedure Code (V of 1898)--- ----S. 164---A retracted confession is sufficient to make the basis of recording a conviction, but Court as a rule of procedure seeks corroboration of the same on all material particulars. (d) Explosive Substances Act (Vi of 1908)--- ----Ss. 3, 4 & 5---Evidence---Subversive acts of the nature which are committed generally at the behest of a hostile foreign country with the object to destabilise the country and to cause harassment and panic among the public are committed by trained persons secretly and, therefore, to expect direct evidence of unimpeachable character of the offence will not be fair. (e) Explosive Substances Act (VI of 1908)--- ----Ss. 3, 4 &…
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