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STATE versus ARSALA KHAN


Constitution Pakistan 1973 Article 302 Constitution of Pakistan (1973), Article 185 (3) The debate was whether the trial court's decision in a criminal trial during the trial was in accordance with the principles of Conan Shaheed 1984 or its procedure based on the decision. Can do. According to the Shariah matter. Whether or not the prosecutor's evidence is denied, the court will be able to decide the matter under oath rather than proceedings under the trader, when the case, when allegedly missing or evidence was insufficient, could be used by the accused. Will create a reasonable method of proof against. Even if, in spite of the failure to prove the charge against the accused, the repeated affidavit of administration can be considered sufficient to hold the accused party responsible for the payment of the dues at the trial court's discretion. If the High Court has made a serious mistake in considering the evidence of the prosecution in deciding various matters, which in some cases constitutes a reasonable basis for the accused to be held guilty and if so, the effect? will have. Did the High Court's controversial decision on the testimony of the law in the tribal areas, 1984 and the application of Shariah laws apply the correct principles of law and did the High Court decide the legal questions and resort to the material on record? Whether the accused were directed to be acquitted. What will be the effect? The Supreme Court granted leave to appeal because the aforementioned legal points, which had first impressions and are likely to affect a large number of cases, need detailed scrutiny.

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