Case Details

Citation(s)
2010 SLG 2676 2010 SLD 2676 2010 SCMR 457
Supreme Court of Pakistan
Criminal Shariat Appeals Nos.27, 28 and 29 of 2009, decision dated: 29-04-2009
M. JAVED BUTTAR, CHAIRMAN, MUHAMMAD FARRUKH MAHMUD, MAHMOOD AKHTAR SHAHID SIDDIQUI, DR. ALLAMA KHALID MAHMUD AND ALLAMA RASHID AHMED, JULLUNDHARI, MEMBERS

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NIZAMUDDIN

VS

. RIAZ and another RIAZ Vs. THE STATE and another TAJ MUHAMMAD Vs. THE STATE

Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302(b)---Qatl-i-amd---Appraisal of evidence---Confession---Evidentiary value---Retracted confession either judicial or extra-judicial, if found truthful and confidence-inspiring and also having qualified the test of voluntariness, can be used for conviction without looking for any other sort of corroboration. Manjeet Singh v. The State PLD 2006 SC 30 ref. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appraisal of evidence---Confessional statements of accused were truthful and voluntary---Confidence-¬inspiring deposition of the wife of the deceased had established that the deceased had left his house in the company of the accused and did not return home---Pointation of place of occurrence by the main accused, the recovery of crime-empties therefore, the recovery of the crime weapon at the instance of main accused, medical evidence, positive Ballistic Expert's report, documentary evidence establishing that the main accused was the client of the deceased, had all established the guilt of both the accused beyond any shadow of doubt---Co-accused had shared common intention with the main accused to rob the deceased and as per his own confession he had received a sum of Rs.25,000 as his share out of the robbed amount---However, co-accused had not caused any injury to the deceased and therefore, his sentence of imprisonment for life was not enhanced to death---Convictions and sentences of both accused were upheld in circumstances. Abdus Samad v. The State PLD 1964 SC 167 and Manjeet Singh v. The State PLD 2006 SC 30 ref. Abdul Sattar Khan, Advocate Supreme Court for Appellant (in Criminal Shariat Appeal No.27 of 2009). Haji Muhammad Zahir Shah, Advocate Supreme Court for Respondent No.1 (in Criminal Shariat Appeal No.27 of 2009). Haji Muhammad Zahir Shah, Advocate Supreme Court for Appellant (in Criminal Shariat Appeal No.28 of 2009). Abdul Sattar Khan, Advocate Supreme Court for Respondent No.2 (in Criminal Shariat Appeal No.28 of 2009). Arshad Ali Chaudhary, Advocate Supreme Court for Appellant (in Criminal Shariat Appeal No.29 of 2009). Qari Abdul Rashid, Advocate Supreme Court for the State (in all cases). ORDER…
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