MUNAWAR vs State Ss — 2022 YLR 198 FEDERAL-SHARIAT-COURT

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MUNAWAR VS State Ss. 302(b), 392 & 34---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(4)---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, robbery, common intention, haraabah---appreciation of evidence---Confessional statement of accused---Scope---accused were charged that while committing robbery they murdered the father of complainant by firing---One of the accused persons got recorded his confessional statement, however, the statement lost its worth, significance and evidentiary value for various reasons; firstly, because it was delayed, as the accused was arrested on 11.03.2014 and his statement was recorded on 20.03.2014 and secondly, the statement was not true according to prosecution case that accused snatched the purse, extended threat, took the pistol on the head of mother of complainant but his statement was absolutely silent regarding those facts so the element of truthfulness of statement was missing---No independent corroboration of the statement was found---Statement of the witness was exculpatory, except mere presence no role he assigned to himself rather exonerated himself---accused, after recording statement was handed over to police who had produced him before the Court---In the given circumstances, legally such confessional statement could not be used against co-convict without independent corroboration---Confession of co-accused was the sole piece of evidence against him which was not legally sufficient to saddle him with the commission of alleged crime---If that statement was discarded and taken out of consideration then the entire prosecution case was bound to collapse---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---appeal against conviction was allowed, in circumstances.

MUNAWAR vs State Ss — 2022 YLR 198 FEDERAL-SHARIAT-COURT

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