Law: Penal Code (XLV of 1860)

Section: 302

Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 6

Penal Code (XLV of 1860)---.--- ---.---S. 302---.---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.6---.---Accused convicted on his confession---.---Validity---.---Trial Court had failed to mention whether the conviction was recorded under S.302(a) or S.302(b), P.P.C.---.---Confession made by accused before Magistrate was neither made part of the judicial record, nor the same was exhibited in the Court---.---Although accused was stated to have made his confession also before Trial Court voluntarily without any duress or coercion, yet no such questions we're ever put to him by Court, nor any such note was given under his confessional statement---.---Accused was also not given any show-cause notice as to why he should not be convicted and sentenced on the basis of his confession made before the Trial Court---.---Conviction of accused and sentence of death recorded by Trial Court under S.6. of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, was not warranted by law---.---Sessions Court was under an obligation under High Court Rules and Orders Vol.III, Ch.24, Rule 1 to provide a counsel at State expense to the pauper accused of an offence entailing capital punishment, but neither the accused had the services of a counsel of his own choice at the trial stage, nor Trial Court had provided him a counsel at State expense and, thus, had acted illegally in trial proceedings---.---Impugned being an outcome of material irregularity was set aside and the case was remanded to Sessions Court for de novo trial after providing a counsel at State expense to accused---.---Appeal was disposed of accordingly. THIS JUDGMENT DELIVERED BY: MUHAMMAD ZAFAR YASIN, JUSTICE:---.--- This jail criminal appeal is directed against the judgment dated 7-11-2002 passed by learned Additional Sessions Judge, Rawaipindi, whereby appellant Ghulam Murtaza has been convicted under section 302, P.P.C. commission of murder of Mst. Rifat Zahida and her son Danish Farooq and sentenced to death on each count. The appellant has further been convicted under section 6, Offence o° Zina (Enforcement of Hudood) Ordinance, 1979 and sentenced to death and whipping 100 stripes. Along…

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