| Citation(s) |
|---|
| 2001 SLG 1494 2001 SLD 1494 2001 SCMR 1405 |
Supreme Court of Pakistan
Criminal. Appeal No.355 of 1994, decision dated: 17-01-2001
MUHAMMAD BASHIR, JEHANGIRI, SH. IJAZ NISAR AND MAMOON KAZI, JJ
Muhammad Javed Aziz Sandhu, Advocate. Supreme Court for Appellant. Malik Ainul Haq, Advocate Supreme Court for the State
Criminal. Appeal No.355 of 1994, decision dated: 17-01-2001
MUHAMMAD BASHIR, JEHANGIRI, SH. IJAZ NISAR AND MAMOON KAZI, JJ
Muhammad Javed Aziz Sandhu, Advocate. Supreme Court for Appellant. Malik Ainul Haq, Advocate Supreme Court for the State
ZIAUL REHMAN
VS
THE STATE
Law:
Section:
(a) Penal Code (XLV of 1860) S.302Appreciation of evidenceCorroborationOne weak piece, of evidence cannot corroborate another similar evidence. (b) Penal Code (XLV of 1860) S. 302QanuneShahadat (10 of 1984), Art. 40Appraisal of evidenceEvidence of extra judicial confession alone without any corroboration was not sufficient to maintain any conviction thereonOne weak piece of evidence could not corroborate another weak piece of evidenceAccused had merely pointed out the place to the police where he had thrown the children, but the same having not led to the discovery of any fact for the purpose of Art. 40 of the QanuneShahadat, 1984, such evidence could not be relied upon as corroboratory evidenceDelay of 266 days in filing the petition was condoned as dismissal of appeal for such technical reason would have caused grave injustice to the accused' under the circumstances of the caseAccused was acquitted in circumstances. (c) Limitation Condonation of delayDelay of 266 days in filing the petition was condoned as dismissal of appeal for such technical reason would have caused grave injustice to the accused under the circumstances of the caseAccused was acquitted in circumstances. JUDGMENT MAMOON KAZI, J. Appellant Ziaul Rehman was convicted by the learned Additional Sessions Judge, Sahiwal for murder of his own minor son, Faizul Rehman aged about two years and his minor daughter, Shumaila aged a little over an year and sentenced to death and to pay a fine of Rs.6,000, in default to suffer further R.I. for two years. The fine, if recovered, was to be paid to the mother of the said minors. 2. On appeal to the High Court., although the conviction of the accused was maintained, but his sentence of death was reduced to that of imprisonment for life. The conviction of fine, however, remained intact. Benefit of section 382B, Cr.P.C. was also extended to the appellant. 3. The case of the prosecution, according to the F.I.R. registered at Police Station "B" Section, District Sahiwal on 26121988, was that about a month prior to the registration of the said F.I.R., appellant Ziaul Rehman had a quarrel with his wife, Mst. Rafiqan P.W.3. Thereafter, she left the appellant's…
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