Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss.295 & 295-B/34---Qanun-e-Shahadat (10 of 1984), Arts.37 & 40---Appreciation of evidence---Trial Court relied upon disclosure made by accused persons by bringing it within the purview of Art.40 of Qanun-e-Shahadat, 1984 and according to the court new facts were discovered through such disclosure, which conclusion, in view of the language of Art.40 of Qanun-e-Shahadat, 1984 was wrong because under said Article so much of such information, whether it amounted to a confession or not, as related distinctly to the facts thereby discovered, could be proved against accused---In the present case facts disclosed by accused persons were already in the knowledge of Police and nothing new was discovered or recovered relating to crime on their pointation---According to prosecution witness, he saw accused persons inside the shrine one day prior to the occurrence, which was not unusual for them being Muslims---Only on that basis accused could not be said to have committed the offence, nor such piece of evidence could be used against them as a corroboratory piece of evidence---Retracted confessional statements of accused persons were recorded after a delay of fifteen days---Mere delay in recording of confessional statement alone though was not sufficient to discard such confessional statement,, ii it was otherwise found truthful and voluntary by court, but where no other evidence was on record except the confessional statement, it required close scrutiny and un-explained delay could past doubts in voluntariness of such statement---Police's own showing was that accused persons confessed their guilt by making disclosure and pointing out place of occurrence, but despite such admission they were not produced before the Judicial Magistrate soon thereafter; after their such disclosure no further investigation was carried out in the case during the intervening period---Possibility could not be ruled out that accused were kept in Police custody in order to extract confession---Answer given by one of accused persons had shown that confessional statements of accused persons were not voluntary---Said confessional statements were not only…

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