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MST. ZAHIDA BIBI versus STATE


Section 302 (b) / 34 law evidence (10 of 1984), Article 46 constitution Pakistan (1973), Article 185 (3) In the presence of the doctor, the investigating officer did not record the statement by the investigating officer at the hospital nor did anyone. Further, at the time of recording of his statement, the member of the hospital staff was not affiliated, nor has it been confirmed by any hospital official that the statement was actually made by the subordinate. Under C. And a statement of the deceased's statement of the deceased or of a person without any cross-examination test was a proof of a weak type and its credibility depends on the accuracy of the record and the circumstances under which it was recorded. ? The accused was convicted on the basis of complete leave, hearing and inconsistent evidence from the principles of review of evidence and the rule of criminal administration of justice. The allegedly deceased declaration cannot be dealt with in this manner: On the basis of such evidence on capital charges, a credible evidence and conviction was not legal and with the exclusion of the deceased declaration The evidence, which was the basis of the prosecution case, was not sufficient to sustain the rest of the prosecution's conviction; therefore, beyond reasonable doubt unable to prove the charge against the accused, the appeal for leave of appeal was turned into an appeal. And the accused was acquitted under the circumstances.

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