| Citation(s) |
|---|
| 1982 SLG 759 1982 SLD 759 1982 PLD 180 |
Lahore High Court
Criminal Appeal No. 692 and Miscellaneous Revision No. 203 of 1979, heard on 3rd November, 1981.
GHULAM MUJADDID MIRZA AND KHALIL-UR-REHMAN KHAN, JJ
R. A. Jeremey and Raja Muhammad Anwar for Appellant. Kh. M. 4zhar for the State. Date of bearing . 3rd November, 1981.
Criminal Appeal No. 692 and Miscellaneous Revision No. 203 of 1979, heard on 3rd November, 1981.
GHULAM MUJADDID MIRZA AND KHALIL-UR-REHMAN KHAN, JJ
R. A. Jeremey and Raja Muhammad Anwar for Appellant. Kh. M. 4zhar for the State. Date of bearing . 3rd November, 1981.
NAZAK HUSSAIN AND 2 others--Appellants
VS
THE STATE--Respondent
Law:
Section:
(a) Evidence Act (I of 1872)- -- S. 24 and Criminal Procedure Code (V of 1898), Ss. 164 & 342"Confession"-Meaning-Admission of a particular fact or circumstance which may. or may not involve guilt and for such result depends on other facts and circumstances to be established-Held, not a confession--Confessional statement under S. 24, Evidence Act or plea of guilty in statement under S. 342, Cr. P. C. a statement admitting in terms all facts constituting offence for basing conviction solely thereon -Part of confessional statement inculpatory and part exculpatory-Must be a statement admitting in terms all facts constituting offence-Evidence on record showing exculpatory part to be false-Court can ignore exculpatory part and convict accused on basis of inculpatory portion of confession.-[Confession]. The confession, wherever it may be found whether in a statement made outside the Court which is later proved at trial or statement made before the Court under section 342, Cr. P. C. or otherwise, is a statement in terms admitting the offence or at any rate substantially all the facts which constitute an offence. It is such a statement which can form sufficient basis for recording conviction. Confession means an admission of a fact or bundle of facts from which guilt is directly deducible and which within and of themselves import guilt. But the admission o)' a particular fact or circumstance which may or may not involve guilt and which for such a result is dependent on other facts and circumstances to be established is not a confession. Hence a confessional statement proved under section 24 of the Evidence Act or a plea of guilt coming on record in the shape of a statement under section 342, Cr. P. C. or any other admissible statement for the purposes of basing conviction solely thereon has to be a statement admitting in terms all the facts constituting the offence. If for the purposes of arriving at the verdict of guilt something else besides the statement is to be looked at then the statement would amount to an admission of some incriminatory fact or circumstance which may in conjunction with the other evidence on record support the case of the prosecution.…
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