NADEEM QAYYUM vs State Ss — 2022 YLR 1290 ISLAMABAD

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NADEEM QAYYUM VS State Ss. 302(b), 365, 201 & 34---Qatl-i-amd, kidnapping or abducting with intent to secretly and wrongfully confine person, causing disappearance of evidence, common intention---Appreciation of evidence---Sentence, reduction in---Extra-judicial confession---Scope---Accused was charged that he along with co-accused committed murder of the son of the complainant---Accused was arrested by the Investigating Officer on 21.01.2009---As per the 1nvestigating Officer's testimony, during interrogation, accused disclosed that he along with co-accused had murdered the deceased and threw his body in a well after placing it in a gunny bag---Deceased's body was recovered on 21.01.2009 on the pointation of accused---On 22.01.2009, the Investigating Officer arrested co-accused persons---Testimony of the Investigating Officer as to the confession and disclosures made by accused was corroborated by the witness, who had informed the police about address of accused---Said witness deposed inter alia that accused was arrested on 21.01.2009 in his presence and that the disclosure as to the occurrence and the place where the deceased's body was thrown had also been made by the accused in his presence---Said witness was one of the persons who went down the well to recover the deceased's body on the pointation of accused---Gunny bag containing the deceased's body was opened by the police in the presence of said witness---Said witness also signed the memo of recovery with respect to the gunny bag, the three cords and the left shoe recovered from the place of the occurrence---Disclosure made by accused on 21.01.2009 as to the deceased's murder by the three accused and the place where his body was thrown was indisputably an extra judicial confession---Not disputed that the confession made by accused was whilst he was in police custody---Article 37 of the Qanun-e-Shahadat, 1984, provided that a confession made by an accused person was irrelevant in a criminal proceeding, if the making of the confession appeared to the Court to have been caused by any inducement, threat or promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceeding against him---Circumstances established that the present case did not present special features warranting interference in the convictions of the accused persons, however, judicial confession made by the accused persons could not be relied upon, thus, the sentence of accused was reduced from imprisonment for life to the term already undergone/served by them---Appeal was partly allowed.

NADEEM QAYYUM vs State Ss — 2022 YLR 1290 ISLAMABAD

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