MUHAMMAD SIDDIQUE vs State Ss — 2021 SCMR 1409 SUPREME-COURT

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MUHAMMAD SIDDIQUE VS State Ss. 396 & 34---Offences against Property (Enforcement of Hadood) Ordinance (VI of 1979), S. 17---Dacoity with murder, haraabah---Reappraisal of evidence---Non-voluntary confessional statement subsequently retracted---Deceased was found dead nearby his poultry farm; poultry flock comprising of 5000 birds along with accused and co-accused, employed as attendants at the farm, were also missing from the scene---accused and co-accused who allegedly worked at the poultry farm were not confronted with their alleged employment, a grievous omission that escaped notice by both the courts below---according to the prosecution, the stolen flock was sold at an outlet, which was associated with the investigation, however, no one from the said outlet was produced during the trial to prove the sale, and instead prosecution remained content with some computer generated receipts, genesis whereof was shrouded in mystery---Prosecution appeared to have rested its case on the judicial confession of the accused, which was retracted by him at the first available opportunity---Said confessional statement was exasperatingly comprehensive, spread over six pages, and contained even minutest details remotely connected with the incident---any accused who was struggling to clean his breast so as to ventilate the remorseful conscience, in the ordinary course of events would prefer to confine himself to the brevity of his crime instead of catering to prosecution needs to successfully prosecute its case---Furthermore cautions administered to accused, on a printed form, mentioned that he was tortured by police during custody and, thus, in the totality of circumstances, it was difficult to assume, without potential risk of error that his confessional statement was a voluntary declaration of guilt that too without any meaningful corroboration---Once found suspect qua its maker, the confessional statement of accused could not be considered vis-à-vis the co-accused---Impugned judgments were set-aside and accused and co-accused persons were acquitted of the charge---Shariat appeals and petitions were disposed of.

MUHAMMAD SIDDIQUE vs State Ss — 2021 SCMR 1409 SUPREME-COURT

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