Law:

Section:

(a) Anti-Terrorism Act (XXVII of 1997)--------S.7(a)-Constitution of Pakistan (1973), Art. l85(3)---Accused in his confessional statement before the Magistrate had categorically admitted to have killed the minor boy of 7/8 years on the instigation of co-accused for monetary consideration---Shoes of the deceased had been recovered from the bathroom of the house of accused---Entire story had been disclosed by the accused himself voluntarily and without any duress while confessing his guilt before the Magistrate, which even otherwise was corroborated by his extra-judicial confession made before the prosecution witness---Impugned did not suffer from any illegality, misreading or non-reading of evidence---No extenuating circumstance could be pointed out to reduce the death sentence awarded to accused---Leave to appeal was declined to accused in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 164---Judicial confession, when sufficient for conviction---Judicial confession alone can be made a basis for conviction when it is found true, convincing and made voluntarily by the accused without any duress or coercion. Sardar Muhammad Siddique Khan, Advocate Supreme Court for Petitioner. Pir Liaquat Ali Shah, Additional Advocate-General, N.-W.F.P. for the State. Sanaullah Zahid, Advocate Supreme Court for the Complainant. Date of hearing: 8th November, 2005. JUDGMENT ABDUL HAMEED DOGAR, J.--- Petitioner Suleman seeks leave to appeal against judgment, dated 27-4-2004 passed by a learned Division Bench of Peshawar High Court, Peshawar, whereby Criminal Jail Appeal No.835 of 2003 filed by him was dismissed and sentence of death awarded by the trial Court was maintained. Murder Reference No.44 of 2003 was also answered in affirmative. 2. Briefly, stated the facts leading to the filing of instant petition are that on 30-5-2003 minor son of Sharifullah complainant, namely, Saddam Hussain aged about 7/8 years after taking his lunch went outside the house and till evening did not come back, thus, complainant along with the co-villagers started the search of his son but in vain. On the same day the complainant reported the matter to the police about missing of his…

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