Statement of accused under Section 342 Cr.P.C.

 shall be read in support of the prosecution and if the prosecution evidence is not worth reliance, the statement of accused under Section 342 Cr.P.C. shall be taken in toto. A reference may be made to case titled “AZHAR IQBAL Versus The STATE (2013 SCMR 383)” wherein it has been held as under:-

“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). The law is equally settled that the statement of an accused person recorded under Section 342 Cr.P.C. is to be accepted or rejected in its entirety and where the prosecution’s evidence is found to be reliable and the exculpatory part of the accused person’s statement is established to be false and is to be excluded from consideration then the inculpatory part of the accused person’s statement may be read in support of the evidence of the prosecution.”

Part Of Judgment of
Lahore High Court
Criminal Appeal
525-16
2018 LHC 777