BASHIR-UD-DIN vs State Ss — 2025 SCMR 1380 SUPREME-COURT

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BASHIR-UD-DIN VS State Ss. 302(b), 396 & 460---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, dacoity with murder, person jointly concerned in lurking house-trespass or house-breaking by night---Reappraisal of evidence---Confession, recording of---Appellants were charged that they entered into the house of complainant, tied his and his wife's hands and one of them murdered his son---In the present case, the judicial confession of one of the appellants was available on record in the form of Section 164 Cr.P.C statement, in which the said appellant narrated the occurrence and gave an inculpatory confessional statement which involved the role of all co-accused persons, who were the present appellants in the instant case---Judicial confession is attributed with a high degree of confidence ipso facto, as it is recorded by a judicial officer in a Court in consonance with Sections 164 and 364 of the Cr.P.C. and it is commonly relied upon for maintaining conviction---Judicial confessional statement of an accused is recognized by law as circumstantial evidence against the other co-accused---In the present case, the inculpatory confession made by the appellant not only detailed his own involvement but also implicated the other appellants in the incident---Even though the confession was subsequently retracted, a conviction could still be sustained if there existed other corroborative and incriminating evidence against the appellants---Once a confessional statement was found to be true and voluntary, it could form the basis for conviction---Inculpatory judicial confession of appellant constituted a significant cornerstone of the prosecution's case---Said confession was duly corroborated by the ocular testimony of the prosecution witnesses, the identification parade, medical evidence, the recovery of the weapon and the forensic report issued by the Forensic Science Laboratory, collectively forming a consistent and credible chain of evidence supporting the prosecution's narrative---Appeal was dismissed with modification in sentence.

BASHIR-UD-DIN vs State Ss — 2025 SCMR 1380 SUPREME-COURT

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