Reliance is placed on “Azhar Iqbal Vs. The
State” (2013 SCMR 383), wherein the August Supreme
Court of Pakistan while relying upon “Waqar Ahmad v.
Shaukat Ali and others” (2006 SCMR 1139) has observed
as under:-
“…… 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 been
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….. “
Part of Judgment
IN THE LAHORE HIGH COURT,
BAHAWALPUR BENCH, BAHAWALPUR
Murder Reference38-16
| 2020 LHC 577 |
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