Sumaira Bibi vs State Ss — 2026 YLR 1044 LAHORE-HIGH-COURT-LAHORE

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Sumaira Bibi VS State Ss. 302(b), 365, 201, 109 & 34---Qanun-e-Shahadat (10 of 1984), Art. 40---Qatl-i-amd, kidnapping, causing disappearance of evidence of offence or giving false information to screen offenders, abetment, common intention---Appreciation of evidence---Recovery of new facts on the disclosure of accused---Scope---Accused was charged that she along with her co-accused committed murder of the son of complainant---Information received from the accused was admissible and could be used against him, if something incriminating was recovered in pursuance of his information---To be admissible and used against the accused, the recovery must be based on a statement made by the accused, while in police custody and this statement must lead to the discovery of a fact not previously known to the police---If the accused had exclusive knowledge of the body's location, the recovery was considered as strong piece of circumstantial evidence---On going through recovery memo, it was revealed that it was the present appellant, who while confessing her guilt disclosed to the police that she could get recovered the dead body of deceased from her house and obviously, it was in her exclusive knowledge and was not previously known to the police---Although, first part of the statement of accused where she allegedly confessed her guilt was not a permissible piece of evidence but according to Art.40 of QSO, when something was recovered in consequence of information provided by the appellant on the basis of which dead body of the deceased was recovered, that was a valid piece of evidence and could be used to advance the prosecution's case and to meet the ends of justice---Appeal against conviction was dismissed, in circumstances.

Sumaira Bibi vs State Ss — 2026 YLR 1044 LAHORE-HIGH-COURT-LAHORE

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