Law: Pakistan Penal Code, 1860

Section: 302,34,109,120-B

Law: Criminal Procedure Code (V of 1898)

Section: 164

Law: Qanun-e-Shahadat (10 of 1984)

Section: 43

Law: Anti Terrorism Act, 1997

Section: 7(a),(d),(g),11-F(2)(g)

(a) Penal Code (XLV of 1860)--- ----Ss. 302/34/109/120-B---Anti-Terrorism Act (XXVII of 1997), Ss.7(a), (d), (g) & 11-F(2)(g)---Criminal Procedure Code (V of 1898), S.164---Appreciation of evidence---Confession---No direct or indirect evidence was available on record against accused persons except the retracted confessional statements of two accused persons, which were recorded during police custody by Illaqa Qazi---Illaqa Qazi did not mention the time of recording the confessional statement of both accused persons---Confessional statements, in circumstances were exculpatory in nature---Confessional statement of one of accused persons was recorded after four days in police custody, while that of the other was recorded after eleven days of police custody---Such delay in recording confession was not explained---Confessions in circumstances were not voluntary---Conviction could be recorded on the basis of confessional statement alone and it could be used against accused, provided it was proved, inspiring confidence and corroborated by the other reliable and cogent evidence---Corroborative evidence was lacking in the case and it was not safe to rely only on the retracted and un-corroborated confessional statements for the conviction of the makers and co-accused---No other incriminating evidence was available against accused persons to connect them with the crime---Prosecution, in circumstances was unable to prove its case against accused persons to the hilt---Accused were not liable to conviction---Convictions and sentences recorded against accused persons by the Trial Court were set aside in circumstances and accused were acquitted and released. 2003 SCMR 1419; PLJ 2006 SC 9(sic); 2007 SCMR 670 and PLD 2007 SC 202 ref. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art.43---Under Art.43 of Qanun-e-Shahadat, 1984, on the basis of confessional statement alone, conviction can be recorded, and it could be used against to-accused, provided it is proved, inspiring confidence, and corroborated by the other reliable and cogent evidence. JUDGMENT SYED MUSADIQ HUSSAIN GILLANI, J.---Appellants Abdul Rafi, alias Rafiq, Juma Khan, and Siddiqullah, were charged along with their…

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