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SHAFI ULLAH versus MUHAMMAD SAEED


Section 2 302 / evidence evidence Direct evidence was not available in the definition of evidence case and the prosecution's evidence was welcomed on the evidence of circumstances which completely failed to link the accused to the commission of the crime, the statements of the two witnesses of the prosecution Serious and pregnant who had suffered a serious weakness. In this and in the absence of convincing evidence, the conviction of the accused was laid on which there was no direct evidence in this case and only the statements of the witnesses from the accused, confession of one of the accused and the recovery of the accused. An attempt was made to link the crime. Evidence was not presented by the prosecution, nor was it alleged that anywhere near the spot was found that the defendant could not decide whether to recover the gun or the gun was empty. Can be proved. The last time he was seen in the company of the accused, the trial court was available to prosecute the accused. He relied solely on the confessional statement of one of the accused, but he legally erred in failing to properly diagnose him. Was recorded on the oath, which was affected by the provisions of section 5 of the OUT Act 1873 and was not acceptable. The evidence also failed to comply with the legal mandatory provisions of Magistrate Section 1164/4 364, CRPC, and the confessional offense was recorded after three days of police custody of the accused making a confessional statement, which, unlike further material evidence, In this case, there was no case between the accused and the deceased complainant which made the prosecutor's story suspicious.

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