497 bail. Accused, a juvenile, had committed murder of deceased due to sexual blackmailing by deceased and accused by selecting to hit............

 497 bail.

Accused, a juvenile, had committed murder of deceased due to sexual blackmailing by deceased and accused by selecting to hit vital part of body of the deceased, i.e., skull had exceeded right of self-defence.

Accused by taking shelter of S.100, P.P.C., could not be acquitted---Keeping in view the juvenility of accused and peculiar facts and circumstances of case, ten years' rigorous imprisonment already awarded to the accused by the Trial Court was maintained by the High Court.

P L D 2020 Peshawar 27
Before Rooh-ul-Amin Khan and Muhammad Nasir Mehfooz, JJ
MUHAMMAD BILAL---Appellant
Versus
The STATE and others---Respondents
Criminal Appeal No.1118-P of 2019, decided on 21st November, 2019.

(a) Penal Code (XLV of 1860)---

----Ss. 302(c) & 100---Criminal Procedure Code (V of 1898), S.342---Juvenile Justice System Ordinance (XXII of 2000), S. 6---Qatl-i-amd---Appreciation of evidence---Confessional statement, retraction of---Scope---Statement of accused, a juvinile under S.342, Cr.P.C. stating therein that his confession was not voluntary etc.---Effect---Exceeding of right of self-defence ---Scope---Complainant lodged F.I.R. against accused for committing qatl-i-amd of his brother---Trial Court convicted and sentenced accused person to imprisonment on basis of his confession---Held, conviction of accused could be recorded on basis of retracted judicial confession if same was recorded voluntarily, true and corroborated by other strong circumstances of case.

Mere denial of accused in his statement under S.342, Cr.P.C. that confession was not voluntary or that he had not made such statement would not make his confessional statement inadmissible.

Accused, a juvenile, had committed murder of deceased due to sexual blackmailing by deceased and accused by selecting to hit vital part of body of the deceased, i.e., skull had exceeded right of self-defence.

Accused by taking shelter of S.100, P.P.C., could not be acquitted---Keeping in view the juvenility of accused and peculiar facts and circumstances of case, ten years' rigorous imprisonment already awarded to the accused by the Trial Court was maintained by the High Court.

Appeal was dismissed in circumstances.

(b) Criminal trial---

----Confessional statement---Direct evidence, absence of---Procedure--- Whenever prosecution is relying on solitary confessional statement of an accused and there is no direct evidence then confessional statement of accused is to be accepted or rejected in whole/toto.

Where direct and circumstantial evidence is available besides confessional statement of accused, in that eventuality, portion of confessional statement which supports version of prosecution would be taken into consideration while other portion of confessional statement which is inconsistent with it would not be taken into account.