قندیل بلوچ قتل کیس۔

 Principles for a valid confession.

When examined the evidence of confession in the light of above settled principles, it has been observed that the learned Magistrate had committed following illegalities which are not curable: -

i. Appellant was produced before learned Magistrate at about 02:30 pm whereas the alleged confession shows that it was recorded at 03:00 pm. In such a serious and high profile case only 30 minutes time for reconciliation for appellant was unreasonable to dispel or dislodge any impression of fear and undue influence on him.

ii. The entire court staff was retained inside the court. The learned Magistrate was supposed to ask only those members of his staff who were necessary keeping in view the security inside the court room.

iii. Appellant was produced in custody by police. The statement is completely silent that handcuffs of appellant were removed before he made the statement and thereafter he was again handcuffed.

iv. Except the confession recorded in Urdu, all other proceedings are in English but there is no oath of the Stenographer available on record to show that he had typed every fact in accordance with the dictation made to him by the learned Magistrate.

v. The confession on the face of it appears to be a so-called exercise because except the statement of appellant every fact typed was in English. Even the questions put to appellant and the answers thereof were typed in English. The learned Magistrate although in crossexamination responded that he also asked the questions in Urdu but he admitted that he did not mention this fact anywhere.

vi. It was the duty of larded Magistrate to give a note that appellant was familiar with the English language and he gave the answers also in the same language. If it was not so, it was also his duty to give a specific note that all the questions and answers were translated to the appellant in Urdu language.

vii. The learned Magistrate did not give any certificate anywhere that what were those compelling reasons that he was unable to record the entire proceedings in his own hand writing. The statement in Urdu by the hand of learned Magistrate makes it clear that there was nothing wrong with him on that day so it is not understandable that why this exercise was completed in English and Urdu.

viii. No doubt that after the alleged confession appellant was sent to Jail but surprisingly his custody was handed over Investigating to Officer the who same had produced him in court with the application for confession.

Golden principles while deciding a case which are as follows: -

i. Appreciation of evidence involves weighing the credibility and reliability of the evidence presented in the case.

ii. Evidence is any matter of facts, the effect, tendency or design of which is to produce in the mind, a persuasion, affirmative or dis-affirmative, of the existence of some other matter of fact.

iii. Evidence means and includes all statements, which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under enquiry and all documents including electronic records produced for the inspection of the Court.

iv. The standard of proof in Criminal case is not the same as in the Civil.

v. Importantly, in criminal case, the burden of proving the guilt of an accused is upon the prosecution.

vi. Prosecution must stand by itself. Essentially, accused need not establish his case beyond all reasonable doubt except in the cases, where burden relating to a fact in issue is on him.

vii. If there is a real and reasonable doubt as to his guilt, the accused is entitled to the benefit of doubt.

viii. The law always requires that the conviction should be certain and not doubtful.

Criminal Appeal No. 917 of 2019
(Muhammad Wasim vs. The State & another)