| Citation(s) |
|---|
| 2007 SLG 3022 2007 SLD 3022 2007 PLJ 134 |
Quetta High Court
M.R. No. 6 of 2006 & Crl. A. No. 129 of 2006, decided on 13.11.2006. DATE of hearing: 9.10.2006
AMANULLAH KHAN YASINZAI, C.J. AND AKHTAR ZAMAN MALGHANI, J.
Mr. Bashir Ahmed Qazi, Special Prosecutor ATA for Appellant (in M.R. No. 6/2006). Mr. Basharatullah, Advocate for
Respondents (in M.R. No. 6/2006). Mr. Bashir Ahmed Qazi, Special Prosecutor ATA (in Crl. A. No. 129/2006). Mr. Basaratullah, Advocate for Res
M.R. No. 6 of 2006 & Crl. A. No. 129 of 2006, decided on 13.11.2006. DATE of hearing: 9.10.2006
AMANULLAH KHAN YASINZAI, C.J. AND AKHTAR ZAMAN MALGHANI, J.
Mr. Bashir Ahmed Qazi, Special Prosecutor ATA for Appellant (in M.R. No. 6/2006). Mr. Basharatullah, Advocate for
Respondents (in M.R. No. 6/2006). Mr. Bashir Ahmed Qazi, Special Prosecutor ATA (in Crl. A. No. 129/2006). Mr. Basaratullah, Advocate for Res
STATE and others--Appellants
VS
ASMATULLAH and others--Respondents
Law:
Section:
(i) Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 40--Confession before police--Evidentiary value--Validity--Held: Any confession made by an accused before police is not admissible in evidence except in the cases which fall under Article 40 of the Qanun-e-Shahadat Order, 1984. [P. 139] A (ii) Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b), 364-A & 34--Anti-Terrorism Act, 1997 Ss. 7(A), 12-1--Conviction and sentence--Appreciation of evidence--Bag was identified by brother of complainant according to whom, at one occasion it had been handed over to him by the accused for repairing--Plea was neither plausible nor natural and appeared to be concocted one--Confessional statement was recovered during period of police custody--Possibility could not be ruled out that it was tutored one and result of torture--Confessional statement was contradictory to the medical evidence--Motive alone would not be sufficient to sustain conviction being double edged--Conviction & sentence set aside. [Pp. 140 & 141] B, C, D, G & H (iii) Criminal Trial-- ----Confessional statement--Requirement for--Held: Magistrate, before recording such statement is under legal obligation to satisfy himself that accused was recording his statement voluntarily, in absence whereof, the certificate of Magistrate regarding his believeness about confession would lose its spirit. [P. 140] E (iv) Criminal Trial-- ----Confessional statement--Conviction upon--Held: Before basing conviction upon confessional statement the Court has to satisfy its conscious about its truthfulness and voluntary nature of confessional statement. PLD 1976 SC 404, ref. Judgment Akhtar Zaman Malghani, J.--This Criminal Appeal is directed against the judgment dated 31.5.2006, whereby; the appellant was found guilty under Sections 364-A/34 P.P.C. and sentenced to death. He was also found guilty under Section 10 of the Offences Against Zina (Enforcement of Hudood) Ordinance, 1979 and sentenced to 25 years R.I. and thirty strips, whereas; he and absconding accused Izat Bakht were found guilty under Sections 7-A & 21-L read with Section 302(b)/34 P.P.C. and sentenced to death. They were also fined to Rs.…
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