Shafqat Iqbal alias Bilalu vs State S — 2026 YLR 1058 LAHORE-HIGH-COURT-LAHORE

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Shafqat Iqbal alias Bilalu VS State S. 342---Statement of accused---Scope---Basic structure of this provision is a fundamental and procedural safeguard which ensures that an accused person has a formal as well as protected opportunity to present himself and explain the evidence against him within the judicial process---Statement under said provision is not a tool for the prosecution to fill gaps in its case rather it is an opportunity for the accused to defend himself---Statement of an accused under S.342 of the Cr.P.C. is critically significant because it is not evidence rather the same is only version of the accused by way of an explanation when incriminating material against him is brought to his notice---Such statement is not made on oath and could not be tested by cross-examination, such statement could not be placed on the same footing as statement made by witness in Court on oath, which is tested by cross-examination---Version given in such statement, if found by the Court to be reasonable, the same may be accepted by the Court even without requiring defence evidence unless the version is falsified by the prosecution evidence---Core object of this provision is deeply rooted in the legal maxim "audi alteram partem"---Examination of the accused under S.342, Cr.P.C. is a "mandatory step", which is essential for a fair trial, this provision is as a matter of fact designed to provide the accused with a formal opportunity to explain any circumstance or evidence which appears to incriminate him in the case of prosecution---All incriminating evidence from the prosecution, including testimonies of the witnesses from examination-in-chief, cross-examination and re-examination, which are against the accused must be put to him during recording of his such statement to be considered and failure to do so is a significant legal defect, which on the one hand negates the spirit of concept of "fair trial" guaranteed by the Article 10-A of the Constitution, 1973---Any evidence or circumstance, which is not put to the accused during recording of his statement under S.342, Cr.P.C., could not be used against him---For recording conviction and awarding sentence in a criminal case, it is mandatory to put entire incriminating material to the accused under S.342, Cr.P.C. in order to have his explanation/reply in said regard otherwise it would amount to "audi alteram partam".

Shafqat Iqbal alias Bilalu vs State S — 2026 YLR 1058 LAHORE-HIGH-COURT-LAHORE

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