Statement under section 342 Cr.P.C.

guided by the observation of the Hon’ble Supreme Court of Pakistan in the case of Muhammad Shah v. The State (2010 SCMR 1009) which is being reproduced below for advantage sake:-

“It is well settled that if any piece of evidence is not put to the accused in his statement under section 342 Cr.P.C. then the same cannot be used against him for his conviction. In this case both the Courts below without realizing the legal position not only used the above portion of the evidence against him, but also convicted him on such piece of evidence, which cannot be sustained.”

Part of Judgment
Lahore High Court
Criminal Appeal
1978-15

2017 LHC 3519