Law: Criminal Procedure Code (V of 1898)

Section: 161

Law: Qanun-e-Shahadat (10 of 1984)

Section: 38, 39, 40

Law: Constitution of Pakistan Olympic Association

Section: 4, 9, 10-A, 14

Law: Constitution of Pakistan, 1962

Section: 302(b), 377

Law: Penal Code (XLV of 1860)

Section:

        (On appeal against the judgments dated 09.04.2018 passed by the Lahore High Court, Bahawalpur Bench, Bahawalpur in Crl. As. Nos.304, 305, 313 and M.R.No.39 of 2014/BWP.). (a) Criminal Procedure Code (V of 1898) S. 161---Qanun-e-Shahadat (10 of 1984), Art. 140---Statements under section 161, Cr.P.C. are not admissible except for limited purpose of contradiction under Article 140 of Qanun-e-Shahadat, 1984. (b) Words and phrases Discovery' and 'recovery'---Distinction stated.        Black's Law Dictionary rel. (c) Qanun-e-Shahadat (10 of 1984) Arts. 38, 39 & 40---Criminal Procedure Code (V of 1898), S. 162---Disclosure of accused---Custodial discoveries---Admissibility and reliance---Principles---Evidentiary admissibility permitted under Article 40 of Qanun-e-Shahadat, 1984 must not be employed as a device to sidestep overarching protections enshrined in Articles 38 & 39 of Qanun-e-Shahadat, 1984 and section 162, Cr.P.C.---Where a discovery is made on the basis of such disclosure, resultant recovery must be independently evaluated on the touchstone of credibility, reliability, and corroboration through forensic or circumstantial material---Limited admissibility under Article 40 Qanun-e-Shahadat, 1984 does not, by itself, prove guilt but only allows a fact to be brought on record which might, when considered in conjunction with other evidence, contribute to the chain of circumstances---In order for provision of Article 40 of Qanun-e-Shahadat, 1984 to be validly invoked, following essential elements must be satisfied: (i)    Accused must be in lawful police custody in that particular case at the time of making disclosure. A voluntary disclosure made outside custodial context does not attract operation of Article 40 of Qanun-e-Shahadat. (ii)   Information must be specific and must distinctly relate to the fact discovered. Generalized or vague statements are not covered; discovery must be directly traceable to information furnished. (iii)  There must be tangible discovery of a material fact, such as recovery of an object, article, weapon, or place, which was…