Law: Pakistan Penal Code, 1860

Section: 302,302(b)

Law: Anti Terrorism Act, 1997

Section: 7A

Law: Criminal Procedure Code (V of 1898)

Section: 164

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

Section: 10(3)

(a) Criminal Procedure Code (V of 1898)--- ----S. 164---Confession---Extra-judicial confession---Nature and scope---Extra-juridical confession is a weak type of evidence and in the absence of very strong corroborative circumstantial evidence conviction cannot be maintained merely on the basis of extra-judicial confession. Zia-ur-Rehman v. The State 2001 SCMR 1405 and Wazir Muhammad and another v. The State 1005 SCMR 277 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 164-Confession-Appreciation of evidence---Where the evidence consists of extra-judicial confession as well as the confession recorded under S.164, Cr.P.C., one of them may be used for corroborating the other, but the statement to be used as corroboration must stand the test of judicial scrutiny. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Anti-Terrorism Act (XXVII of 1997), S.7(a)---Confession of accused already in police custody---Credibility---Judicial confession made by accused already in police custody for a number of days would by itself become doubtful and inadmissible under the law. (d) Penal Code (XLV of 1860)--- ----S. 302(b)---Anti-Terrorism Act (XXVII of 1997), S.7(a)---Appreciation of evidence---Retracted confession, corroboration of---Principles---Retracted confession all the more needs very strong corroborative evidence---Unless a retracted confession is corroborated in material particulars it is not prudent to base a conviction on its strength alone. Muhammad Hanif v. The State 1995 PCr.LJ 985 ref. (e) Penal Code (XLV of 1860)--- ----S. 302(b)---Anti-Terrorism Act (XXVII of 1997), S.7(a)---Criminal Procedure Code (V of 1898), S.164---Judicial confession---Corroboration of---Practice and procedure---Statements under S.164, Cr.P.C. have never been taken by the Courts as a gospel truth---Courts have to look into and have always been demanding for evidence before convicting the accused for a capital punishment, notwithstanding the accused having confessed the guilt. Nadir Hussain v. The Crown 1969 SCMR 442 rel. (f) Penal Code (XLV of 1860)--- ----S. 302(b)---Anti-Terrorism Act (XXVII of 1997), S.7(a)---Confession---Corroborative evidence---Where the extra-judicial confession…

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