MUHAMMAD WAJID vs State Ss — 2025 SCMR 1399 SUPREME-COURT

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MUHAMMAD WAJID VS State Ss. 302(b) & 376---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd, rape---Re-appraisal of evidence---Confessional statement of appellant---Accused was charged for committing rape with the minor daughter of the complainant and then murdering her---Confessional statement of the appellant recorded under Section 164, Cr.P.C., by Judicial Magistrate on 20.12.2011 was of pivotal importance---Judicial Magistrate observed all codal formalities, ensured compliance with legal safeguards, provided ample opportunity/time to the appellant to ponder over his confessional statement and confirmed voluntariness of the confession---During cross-examination of the Judicial Magistrate nothing could be unearthed to suggest that the confession was procured through coercion, inducement or threat---Although the appellant later retracted his confession but a conviction could be recorded on the basis of a retracted judicial confession if it was found to be voluntary, true and was corroborated by independent evidence---In the confessional statement the appellant had admitted commission of rape and murder of the minor deceased through asphyxia i.e. pressing her mouth with his hands and thereafter throwing her dead body in the Katchra Kundi---Circumstances established that the prosecution had proved its case against the appellate, however, the High Court in its well-reasoned judgment had expressly held that the medical evidence on record did not support the confessional statement of the appellant insofar as the allegation of rape upon the minor deceased was concerned---Consequently, the conviction and sentence of the appellant under Section 376, P.P.C., were set aside---In the peculiar facts and circumstances of the case, this aspect may justly be treated as a mitigating circumstance for the commutation of the sentence of death into imprisonment for life---Consequently, the appeal was partly allowed.

MUHAMMAD WAJID vs State Ss — 2025 SCMR 1399 SUPREME-COURT

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