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TAYYAB HUSSAIN SHAH versus STATE


In examining the evidence of the Pakistan Penal Code Section 302/34, the accused had committed no confession and the police had committed an extra-judicial confession and to support the same, a retired policeman, who belonged to the family of the deceased, The prosecution witness who could not rely on direct or concrete evidence independently of the affirmation of the retreat to prove the confession guilt to ensure a safe administration of justice was not available on record, the investigating officer added No attempt was made to join anyone who witnessed gun recovery. For example, a gun was not reliable and that recovery is considered suspicious, fire fire expert report that was recovered was found empty gun from him. The accused was not named in the FIR and could not be the basis for merely being fugitive if convicted. As in the circumstances, the benefit of the doubt has been overcome

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