Law: Evidence Act, (1 of 1872)

Section:

(a) Confession-To be read as a whole-Exculpatory portion can be rejected only when there is reliable evidence showing it to be false-Criminal Procedure Code (V of 1898), S. 164.   A confession or an admission of an accused has to be read as a whole. Where there is no positive evidence- to show that any portion of the exculpatory statement of the accused is false, the Court cannot accept the inculpatory element and reject the exculpatory element. A Court can reject the exculpatory portion of an admission or confession of an accused person only when there is reliable evidence, direct or circumstantial, showing that the excul patory portion is false.   Rahim Bakhsh v. Crown P L D 1952 F C 1 and Muzaffar Khan v. The State P L D 1956 Lah. 1045 ref.   Evidence Act (I of 1872), S. 105-Criminal trial-Burden lies on prosecution to bring guilt home to accused-Accused cannot be convicted merely because defence version appears unreasonable or not established.   In a criminal case, the burden of proof is always on the prose cution and it is only when a good prima facie case has been made out against the accused sufficient to justify his conviction of that offence, that the burden shifts on the accused to prove that he is not guilty of any such offence. This elementary principle of criminal law does not admit of any exception. It is not right for a criminal Court to convict an accused because the defence theory appears to it to b; unreasonable or does not appear to it to have been established.   Nannhun v. Emperor 165 I C 458 rel.   Criminal Procedure Code (V of 1898), S. 154-First infor mation report made by accused-Confession-When admissible Cannot be treated as evidence against co-accused. A first information report which amounts to a confession is not admissible, being a confession made to a police officer, but an F. I. R. not amounting to a confession can be admitted in evidence. However, a report of latter kind which is made by an accused and not witness, cannot be treated as evidence against the co-accused.   Muhammada and others v. Emperor A I R 1948 Lah. 19 ref.   (d) Criminal Procedure Code (V of 1898), S. 342-Statement of…