Law:

Section:

(a) Criminal trial--- ----Confession---Administration of justice was based upon adversarial trial with accused under a statutory presumption of being innocent---Prosecution alone was to drive home charge beyond reasonable doubt before a guilty verdict was returned by court---Accused, in such process, was protected by procedural safeguards to ensure him a fair deal in order to contest charge without being disadvantageously placed or unduly embarrassed---Procedural safeguards, provided to accused were protection against self-incrimination---Accused could not be burdened with confessional statement in derogation of strict procedure provided under the law. (b) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 39 & 40---Confessional statement during police custody--- Scope--- Petitioner was amongst accused persons contesting indictment of homicide---Prosecution during trial, produced a witness who referred to confessional statement allegedly made by petitioner during his physical custody with police---Validity---Provisions of Art. 39 of Qanun-e-Shahadat, 1984 placed an unambiguous and unqualified prohibition on admissibility of confessional statement purportedly recorded in police custody, saved in the exception provided under Art. 40 of Qanun-e-Shahadat, 1984---Trial Court should not have allowed such prosecution witness to transgress statutory limits---Status of identification/disclosure memo was not much different---Prosecution's case was that deceased was done to death in residential premises where she lived with petitioner under the same roof---Attributed specifications of the place did not constitute "information" within meaning of Art. 40 of Qanun-e-Shahadat, 1984---High Court directed Trial Court to exclude prosecution witness in question from consideration at time of final decision---Revision was allowed in circumstances. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE:-- -.--- Muhammad Naseem, petitioner herein, is amongst the accused, contesting indictment of homicide before a learned Addl. Sessions Judge at Jand; it is alleged that, in connivance with co-accused, he administered poison to Kousar Parveen, no other than his better half. Trial is…

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