Distinction and connotation

2012 YLR 1954 FEDERAL-SHARIAT-COURT Judicial Precedent

S. 7Criminal Procedure Code (V of 1898), S.164Qanun-e-Shahadat (10 of 1984), Art.30"Pleading guilty", "admission", and "confession"Distinction and connotation

Possibility of suicidal or self-inflicting confession, which could have been sponsored for substitution or for serving clandestine interests, should be eliminated, during course of its recording by the Trial Court in order to be sure of its genuineness in all respects

If mere confession under S.7(a) of Offences Against Property (Enforcement of Hudood) Ordinance, 1979 did not satisfy a prudent mind to be sure of fullest justice, court could adopt another form or manner of proof provided under S.7(b) of the said Ordinance

Law had expressly provided to adopt any one of the forms (a)(b) provided under S.7 of the Ordinance

Confession should not be taken as easy and painless method of disposal of a case, but as an instrument to unearth the truth through truthfulness of the confession, in order to take the case to its judicious disposal

Maximum counselling should be extended to the person making the confession in all aspects of its course and consequences as was evident in the Quran and Sunnah

There were subtle, both common as well distinct, points involved in terms 'admission', 'pleading guilty' and 'confession', but those terms were used by many in common practice, as if those were synonymous

'Admission' was to accept, or acknowledge that something was true especially unwillingly

'Confession' was special admission that one had done something wrong, that he felt guilty or bad about

To 'plead' was to make urgent and earnest request or specific plea, in respect of criminal charge

'Guilt' was state of having committed a wrong, a crime, which would bring bad feeling with responsibility for doing it

"Pleading guilty", in circumstances was earnest and truthful express confession, oral or written, including details about the crime by criminal suspect of guilt, knowing its consequences, in response to a specific criminal charge, with responsibility for having done it.