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HUSSAIN MASIH versus SENIOR SUPERINTENDENT OF POLICE, GUJRANWALA


With regard to the testimony of the Pakistan Penal Code Sections 302/149, 404 and 148 of the evidence that the deceased was beaten to death, it was not clear whether the FIR was received by the delay of six hours. Eyewitnesses described various times and places from the incident which showed that they were either not present on the spot or they suppressed the material facts in which the doctor conducted the original post-mortem report of the deceased persons. I did not submit and the copied notes from the police case diary were kept on record. In his own handwriting, ocular testimony was not supported by medical evidence, crime weapons were not recovered from the accused, no ballistic expert report was kept on record, enmity between the parties was not only recorded in the FIR In spite of the fact that there was evidence in the prosecution, the witnesses at the scene of the incident recorded their statements after the delay of 24 hours under Section 161, CRPC, was not explained by the prosecution. All pieces of evidence have to suffer from material substances and one defective evidence does not corroborate other defective evidence. Dog accused were acquitted on benefit of doubt in the circumstances.

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