Law: Evidence Act (I of 1872)

Section: 25, 26, 27

Law: West Pakistan Arms Ordinance, (XX of 1965)

Section: 13

Law: Criminal Procedure Code (V of 1898)

Section: 539-B

(a) Evidence Act (I of 1872) Ss. 25, 26 & 27-Confessional statement-Statement of accused made to police relating to concealment of unlicensed arm and his knowledge of its lying at a particular place leading to recovery of arm-Such statement, held, amounts to a full and total confession made by accused to police and consequently hit by S. 25-Contention that even though statement may amount to a confession of crime in entirety, nevertheless, it would be admissible under S. 27 repelled-Concealing an arm implies possession of arm hence any statement made by accused admitting such concealment would constitute a full confession of offence under S. 13, Arms Ordinance-Statement, held, not admissible in evidence-West Pakistan Arms Ordinance (XX of 1965), S. 13. (b) Evidence Act (I of 1872,)  Ss. 25 & 27-Interpretation of statutes-Words "whether it amounts to a confession or not" appearing in S. 27 do not imply that a confession made by an accused person while in police custody becomes admissible-Ban on reception of confession made by accused person to Police, having been imposed under S. 25-Legislature could not intend to admit such statement in evidence. (c) Evidence Act (I of 1872) Ss. 25, 26 & 27-Interpretation of statutes-Words "fact discover ed" appearing in S. 27-Not every statement to police but only such portion of it as relates distinctly to facts discovered by Police is admissible-Information or statement not relating to fact discovered but related to use of object should be excluded. The test of admissibility is to consider what portion of the statement relates distinctly to the fact discovered and anything which is superfluous or unnecessary for the purposes of disclosure of the fact discovered would be inadmissible. Under such circumstances it is the duty of the Court to dissect and analyse the full statement into smaller sentences and to admit only such portion as would indicate that the accused led to the discovery of the particular fact. It should be very important to bear in mind that it. is not every statement that a person made to the police in connection with the recovery that is admissible but only such portion…