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GUL BAHAR KHAN ALIAS BHAKKAR KHAN versus THE STATE


Appreciating the evidence of the Pakistan Penal Code Section 302/353/395/396/34 The accused had been identified by two members of the police party and another person in the same evidence brought on record by the prosecution against the accused. Claimed that he witnessed the incident. The incident allegedly happened around midnight and prosecutors told witnesses that there was no electric light on the side of the road, and witnesses did not say the suspects were identified in the vehicle light. There is no evidence. It was also available for the impression that it was either moonlit night or that the suspects were identified in the torch when their details were not reported in the complaint and witnesses, without identifying the accused at the time of the incident. Could it be, the identity of the accused in the dark night, as the prosecution's witnesses say, is not possible, the identity of the accused in the jail is good. This will result even when the vehicle allegedly recovered from the accused is used. However, this will not be a proof of the accused's involvement in the case, the prosecution will not direct any other evidence directly or in any case AH could not bring in the affidavit, the sole proof of the substantial evidence of its identity being doubtful and not proven to the required standard, the prosecution would have no weight and with the exclusion of the evidence of the evidence, the trial. The trial court sentenced the accused and the sentence was set aside by the trial court. They were ordered released from jail

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