There is no evidence available to prove that the alleged crime was either joint intent or pre-arranged in view of the joint intention. Article 223 and 34 of the Constitution of Pakistan 1973 (1973), Article 185 (3). was done. The records of the project do not indicate that the physical custody of the prisoner was handed over to the accused and at what point he was able to escape, who was responsible for this escape at this particular location: Who had this prisoner in his custody, in particular, the nature of the duties of every member of the guard, including the accused and other police officers, in whose charge this lockup was, that the prisoners were to be sent to court. Who was responsible for the taking and their safe return and whether the escaped prisoner was physically presented to any court and if so, to whom? The prosecution is
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