Tainted confession

Muhammad Ismail v. State (2017 SCMR 713)

An in-court “confession” is only an admission unless it meets the strict requirements of CrPC 342. Admissions must be corroborated, and usually cannot justify the death penalty.

Azeem Khan & Anr. v. Mujahid Khan & Ors. (2016 SCMR 274)

Even a confession recorded before a Magistrate will not be credited if the Magistrate fails to comply with the High Court Rules and CrPC sections 364 and 164. “It is a consistent view of the Courts that extra-judicial confession, if made before a person of influence and authority, expected to extend helping hand to the accused, which is also strongly corroborated, can only be considered as a piece of circumstantial evidence . . . Such evidence is held to be the weakest type of evidence. No conviction on capital charge can be recorded on such evidence.”

Dully v. State (2015 SCMR 155)

“The extra judicial confession has never been considered sufficient for recording conviction on a capital charge unless it is strongly corroborated by tangible evidence coming from unimpeachable source.”