Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------S. 342---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider whether inculpatory part of the statement of an accused under S.342, Cr.P.C. could .be used against him while excluding the exculpatory part thereof. (b) Criminal Procedure Code (V of 1898)--- ----S. 342---Statement of an accused under 5.342, Cr.P.C. has to be taken into consideration in its entirety and not merely the inculpatory part of it to the exclusion of the exculpatory part unless there is other reliable evidence which supplements the prosecution case and in such a condition, the exculpatory part if proved to be false may be excluded. The statement of an accused recorded under S.342, Cr.P.C. may be taken into consideration but the Court cannot' select out of the statement the passage which goes against the accused. Such statement must be accepted or rejected as a whole. If the conviction of the accused is to be based solely on his statement in Court this statement should be taken into consideration in its entirety. The statement of an accused should be taken into consideration in its entirety and not merely the inculpatory part of it to the exclusion of the exculpatory part unless there is other reliable evidence which supplements the prosecution case. In such a condition, the exculpatory part if proved to be false may be excluded. In the present case, the accused in his statement under section 342, Cr.P.C. had given his version of the incident and stated that he had caused injury by means of blunt weapon in exercise of his right of private defence. There was no other circumstance, direct or indirect, connecting the accused with the commission of the offence. As such, the exculpatory part of the statement of the accused could not tie excluded. The statement was to be taken into consideration as a whole and the plea advanced by the accused was to be accepted. Rahim Bakhsh v. Crown PLD 1952 FC 1; Balmakund v. Emperor AIR 1931 All. 1; Sher Gul v. Emperor AIR 193,5 Lah. 671; Muzaffar Khan v. The State PLD 1956 (W.P.) Lah. 1045; Mohan Lal v. Ajeet Singh AIR 1978 SC 1183 and Ghulam Muhammad v. The, State PLD 1961(W.P.)…

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