While interpreting Article 39 and 40 of Qanun-e-Shahadat Order, 1984

case reported as Haji Muhammad Jan and another v. The State (2014 P Cr L J 571) wherein, while interpreting Article 39 and 40 of Qanun-e-Shahadat Order, 1984, it was observed as under:-

“We have considered the submissions of the learned counsel for the appellants in regard to disclosure memo and we concur the view of the learned counsel for the appellants that it can hardly fall within the ambit of Article 40 of Qanun-e-Shahadat, 1984, because an admission under the Article must lead to discovery of some new fact or resulted in recovery of property of the case, mere statement about the facts already in knowledge is not admissible. The learned counsel for the appellants was correct to submit that the disclosure made, cannot be used as an admission within the meaning of Article-39 of Qanun-e-Shahadat, whereby, confession of an accused in custody recorded by the police not to prove against him. In the instant case neither any recovery of effected on the basis of alleged disclosure, nor some new fact discovered, therefore, the disclosures were out of consideration being not admissible.”

Part of Judgment
Lahore High Court
Criminal Appeal
1978-15
2017 LHC 3519