“It has straightaway been observed by us that both the
learned courts below had rejected the version of the
prosecution in its entirety and had then proceeded to convict
and sentence the appellant on the sole basis of his statement
recorded under section 342 Cr.P.C. wherein he had
advanced a plea of grave and sudden provocation. It had
not been appreciated by the learned courts below that the
law is quite settled by now that if the prosecution fails to
prove its case against an accused person then the accused
person is to be acquitted even if he had taken a plea and had
thereby admitted killing the deceased. A reference in this
respect may be made to the case of Waqar Ahmed v. Shaukat
Ali and others (2006 SCMR 1139)”
2013 SCMR 383
Used in Judgment of:
Lahore High Court
| Criminal Appeal 248-14 |
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