A confession made in front of police officer is never binding on a judge. It only holds persuasive value and it can be denied by the judge in making a decision. This fact is discussed in sections 38 and 39 of QSO, 1984 in the following words...
38. Confession to police officer not to be proved. No confession made to a police officer shall be proved as against a person accused of any offence.
COMMENTARY
Confession by accused before Police would inadmissible in evidence under Art. 38.3a
39. Confession by accused while in custody of police not to be proved against him. Subject to Article 40, no confession made by any person whilst he is in the custody of a police-officer, unless it be made in the immediate presence of a Magistrate, shall be proved as against such person.
Explanation. In this Article, “Magistrate” does not include the head of a village discharging magisterial functions unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure, 1898 (Act V of 1898).
COMMENTARY
Mere pointing out the place to police as being the place where children had been thrown by accused but such pointing out did not lead to discovery of any fact. Held: For purpose of Art. 40, this evidence cannot be relied upon as corroboratory evidence.4
Confession. Retracted confession. Constitution of Pakistan, 1973, Art. 185 (3). Leave to appeal was granted to consider the contentions of accused that if the Courts below would have considered the retracted confession as a whole, the accused would not have been awarded the death penalty and that the confession was retracted, and, therefore, in order to convict the accused there should have been corroboration and further that the confession should have been read as whole and reliance should not have been placed merely on the inculpating part and ignoring the other portion.5
38. Confession to police officer not to be proved. No confession made to a police officer shall be proved as against a person accused of any offence.
COMMENTARY
Confession by accused before Police would inadmissible in evidence under Art. 38.3a
39. Confession by accused while in custody of police not to be proved against him. Subject to Article 40, no confession made by any person whilst he is in the custody of a police-officer, unless it be made in the immediate presence of a Magistrate, shall be proved as against such person.
Explanation. In this Article, “Magistrate” does not include the head of a village discharging magisterial functions unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure, 1898 (Act V of 1898).
COMMENTARY
Mere pointing out the place to police as being the place where children had been thrown by accused but such pointing out did not lead to discovery of any fact. Held: For purpose of Art. 40, this evidence cannot be relied upon as corroboratory evidence.4
Confession. Retracted confession. Constitution of Pakistan, 1973, Art. 185 (3). Leave to appeal was granted to consider the contentions of accused that if the Courts below would have considered the retracted confession as a whole, the accused would not have been awarded the death penalty and that the confession was retracted, and, therefore, in order to convict the accused there should have been corroboration and further that the confession should have been read as whole and reliance should not have been placed merely on the inculpating part and ignoring the other portion.5
