Statement under section 342, Cr.P.C.

the same cannot be used against him. In Muhammad Shah v. The State (2010 SCMR 1009), the Hon’ble Supreme Court of Pakistan held: 

“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.” 

The above view was reiterated in Qaddan and others v. The State (2017 SCMR 148), Muhammad Saddique v. The State (2018 SCMR 71) and Imtiaz alias Taj v. The State and others (2018 SCMR 344). 

Part Of Judgment
THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN 
Criminal Appeal
13-09
2018 LHC 3164