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MUHAMMAD RIZWAN vs State S — 2022 YLRN 210 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLRN 210 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Parties
MUHAMMAD RIZWAN vs State S
Subject matter
Criminal
Provisions referred to
S. 342---E; S. 342

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD RIZWAN VS State S. 342---Examination of accused---Scope---According to the legislative mandate of S. 342(1), Cr.P.C., the accused was incumbently required to be confronted with the circumstances, which later could be used for awarding him guilty verdict---Section 342(1), Cr.P.C. comprising of two parts, out of which the earlier is a discretionary, whereas the latter was mandatory---According to first part, the court might be at any stage of inquiry or trial put questions to accused regarding the incriminating circumstance but the second part of foregoing provision made it obligatory for the court to confront the accused with such evidence---Legislative wisdom ensuing from 342(1), Cr.P.C., rests in the idea that at the fag end of trial accused must be apprised about the incriminating evidence having come on record during prosecution evidence so as to provide him a fair opportunity to put forth explanation and to lead some defense evidence, if need be---If the accused was not provided an opportunity to offer explanation for the part of incriminating evidence led by the prosecution, the very purpose of 342, Cr.P.C. would be rendered nothing but nullity.

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