SHERAZ TUFAIL versus STATE
Section 302 (b) / 34/2011/377 Crimes of Adultery (Enforcement Hood) Ordinance (VII of 1979); Section 12 Constitution of Pakistan (1973), Article 203F (2b) Extra judicial confession after trial of the accused. The sentence was pronounced and he was sentenced to life imprisonment, which was taken up by the Federal Shariat Court through a court, which was that both the courts had heard improperly. In the form of additional judicial confession, he was convicted on the basis of the evidence presented by the prosecution. Both courts have found that the accused had voluntarily made a confessional statement to his own close relative who appeared as a prosecution witness, the defendant's confession also conflicting with the other. Pieces of evidence recovered during the investigation can be punished only based on circumstantial evidence. The two courts, after proper definition of the evidence on record, found the accused guilty and sentenced. The findings cannot be interfered with by the Supreme Court after the conclusions reached by the following courts. The constitution of jurisdiction under Art le203 F (2B) of the Supreme Court refused to interfere with the sentence and sentence given by both the courts, which denied the appeal.
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