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SARDAR ALI versus THE STATE


The Pakistan Penal Code Sections 379 and 411 Criminal Procedure Code (V9 1898), certifying evidence regarding the recovery of property allegedly stolen from Section 103 accused, which was not presented to the accused in his statement under section 342, Cannot be used against CRPC. Neither the accused nor the defendant can be convicted on the basis of evidence that the prosecutor failed to establish the essential components of the crime that the motorcycle recovered from the suspect was a theft and was in possession of the property or He knew it dishonestly. Evidence of a stolen property police officer is, no doubt, as good as any other witness, but when it was established that although private persons were available at the time of the alleged receipt of stolen property from the accused, the witness to the witness Was not created to create. Recovery, the evidence of such a police officer must be relied upon with caution The alleged witness of the recovery was both policemen, so it would not be safe to rely on their evidence when private persons were available, An alleged recovery witness was not made when the prosecution failed to prove the charge against the accused, he was acquitted of the charge.

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