Law:

Section:

(a) Criminal Procedure Code (V of 1898) S. 364 Penal Code (XLV of 1860), Ss.302, 392 & 411¬--Appreciation of evidence Confession, when reliable Principles ¬Confessional statement for being relied upon should not only be true, voluntary and believable but should be without fear, favour or any inducement. (b) Penal Code (XLV of 1860) -- Ss. 302, 392 & 411 Appraisal of evidence Magistrate had not recorded the confessional statement of accused in accordance with the High Court Rules Voluntariness of the confessional statement had lost its evidentiary value as even per police record accused had appeared voluntarily before the police whereafter his three remands were obtained and after remanding him to jail he was brought back for recording his confessional statement After remanding the accused to judicial custody, apprehension of fear or torture, maltreatment, inducement etc., had in fact vanished and it was quite unbelievable as to what had prompted him to confess its guilt Serious doubt. thus, was open to the confessional statement to this being voluntary genuine, true or believable Recovery of the TV and VCR etc from a trunk kept inside the house jointly owned by the accused, his father, sister and other inmates, could not be said with certainty to have been made from the exclusive knowledge and possession of the accused Recovery of the blood stained dagger and blood stained clothes after a period of about more than one month from inside the earth had diminished the possibility of presence of blood on them Last seen evidence could not he believed to be true as the prosecution witness despite being present at the time of recovery or dead body did not disclose the same at that .time but did so after considerable tithe From the number, nature and location of injuries on the person of the deceased, his murder did not seem to be a job of one man Accused was acquitted on benefit of doubt in circumstances. Sardar Muhammad Latif Khan Khosa, Advocate Supreme Court for Appellant. Raja Abdur Rehman, A.A. G., Punjab for the State. Sardar Muhammad Ishaq Khan, Sr. Advocate Supreme Court for Complainant. Date of hearing: 2nd November, 2004. JUDGMENT JUSTICE ABDUL HAMEED…

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