Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------S. 164---Judicial confession recorded on oath---Procedural defect--­Effect---Confessional statement should not be recorded on oath---Mere fact that a judicial confession was recorded on oath would, however, not be, sufficient to reject it as it may be only a procedural mistake in the form of an irregularity in exercise of jurisdiction which may not affect the statement in substance---Rule is that notwithstanding the procedural defect in recording the confession, a retracted judicial or extra-judicial confession if is found true, voluntary and confidence inspiring, can safely be made basis of conviction. (b) Penal Code (XLV of 1860)--- ----S. 302---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17 (4)---Criminal Procedure Code (V of 1898), S.164---Constitution of Pakistan (1973), Art.185(3)---Re­appraisal of evidence---Retracted judicial confession---Recording of judicial confession on oath---Prosecution mainly relied upon confessional statement of the accused recorded by Magistrate---Sentence of death awarded by Trial Court to accused under S. 302 P. P. C. was maintained by High Court but that under S.17 of Offences Against Property (Enforcement of Hudood) Ordinance, 1979, was converted into S.392 P.P.C. for imprisonment of ten years---Plea raised by the accused was that the confessional statement was recorded on oath and was not -admissible in evidence and that with the exclusion of judicial confession, there was no other evidence, direct or circumstantial, to connect him with the commission of offence---Validity---Occurrence disclosed by the accused in his confessional statement was narrated in the same manner as in the F.I.R.---Such similarity of confessional statement of accused with the story of F.I.R. suggested the truthfulness of statement of complainant and also of the confessional statement of the accused which was found independent, true and voluntary---Complainant and accused were not previously known to each other and there was no reason with the complainant to falsely involve the accused in the case and substitute him for unknown culprit in a case of capital…

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