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ALLAH DITTA versus ZAFAR IQBAL


Section 2 302 / evidence34 Definition of evidence No FIR was named in the FIR and the litigation case against them was not based on the circumstances which could have constituted the basis for the conviction only when it made the accused. Had deleted all assumptions of innocence and there was no link in the series. The evidence of the disappearance against the accused was only in the statement of the prosecution witness who was the victim's real brother and the complainant's son. The witness was last seen with the accused in connection with the murder, which cannot be considered sufficient to sustain the conviction on the murder charge. The witness had something to do with the defendant's reliance on such evidence, but the present case also lacked the evidence last seen was a weak type of circumstantial evidence, which led to the conviction. There was no definitive evidence of this. The record of maintaining the accused's conviction for murder was the only evidence against his partner. His conviction was recorded only seven days after the arrest of the accomplices. Any delay in recording the confessional statement is satisfactory. The explanation was not presented and the accused was not told by the magistrate that after his statement he would not be sent to police custody. The co-accused was not recorded after observing legal appointments The judicial confession of the co-accused in the custody of the co-offender police could not be relied upon, in which case the prosecution could, without any doubt, establish its case against the accused. I failed, the accused were acquitted and they were charged with extending their suspicion.

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