Conviction on the basis of admission made in statement u/s 342, CrPC

PLD 2020 SC 201

DownLoad Link PFD : https://www.supremecourt.gov.pk/downloads_judgements/crl.a._154_l_2013.pdf

As regards the second question, the Court held: “Once the prosecution evidence is disbelieved, rejected or excluded from consideration, and the facts explained by the accused in his statement under section 342 Cr.P.C. are accepted entirely, the court is then to examine the said facts to give due effect to the statement of the accused, under the law, whether in favour of or against the accused. The object of such examination is to determine whether or not the facts narrated by the accused constitute an offence under the law or fit into any exception of the offence provided under the law.” The Court, in view of the said principle of law, restored the conviction recorded by the trial court on the basis of the admission made by the accused in his statement under section 342, CrPC. The Court though could not notice the contrary view of a two-member Bench taken in Azhar Iqbal v. State (2013 SCMR 383), yet it has, by its judgement in this case, virtually overruled the same.  

 Ali Ahmad v. State PLD 2020 SC 201

DownLoad Link PFD : https://www.supremecourt.gov.pk/downloads_judgements/crl.a._154_l_2013.pdf

 Present Mr. Justice Manzoor Ahmad Malik, Mr. Justice Sardar Tariq Masood and Mr. Justice Syed Mansoor Ali Shah