It is well settled principle of law by now that no incriminating material can be used against the accused unless it is specifically put to him during his statement under Section 342 of The Code of Criminal Procedure, 1898.

16. We have also noticed that none of the documents or reports tendered in evidence were even put to accused in their statements, under section 342 of The Code of Criminal Procedure, 1898. The alleged statements of the witnesses and the accused recorded under section 164 of The Code ibid were also not placed before the appellants when they were examined under section 342 of The Code of Criminal Procedure, 1898. It is well settled principle of law by now that no incriminating material can be used against the accused unless it is specifically put to him during his statement under Section 342 of The Code of Criminal Procedure, 1898. The purpose behind this principle is that the accused must be aware of all the material evidence which is to be used against him. When the accused are not confronted with the documents as well as the reports tendered in evidence, they will not be in a position to refute the same properly. This lapse on the part of prosecution is fatal and it goes to the root of the prosecution case. The recording of statement of accused under Section 342 of The Code of Criminal Procedure, 1898 is not a mere formality rather its primary object is to afford him opportunity of explaining the circumstances which are tending to incriminate and likely to influence the mind of the Judge in arriving at a conclusion adverse to him. Reliance in this regard can be placed on “MUNIR AHMED alias MUNNI versus THE STATE” (2001 SCMR 56) and “ASIF ALI ZARDARI and another versus THE STATE” (PLD 2001 Supreme Court 568) and “ASHRAF and 4 others versus THE STATE” (2004 P.Cr. L.J 42). 

Part of judgment 

IN THE LAHORE HIGH COURT LAHORE JUDICIAL DEPARTMENT

Criminal Appeal
62-99

2015 LHC 5756