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HABIB ULLAH versus STATE


Section 13 Explosive Substances Act (VII 1908), Section 5 Definition of Evidence In the case of conviction of the accused, although completely relied on the evidence of the police officers and no independent witness was associated with the search, but the prosecution Will not eliminate this error. The fact that the prosecution did not comply with the provisions of section 103, CRPC, was not sufficient to prevent the prosecution. It was not an absolute requirement that every witness of the public must be presented as this requirement depends on the facts of each case, the main purpose of the provisions of section 103, to avoid confession to the CCPC. However, in the present case, neither harassment was alleged nor any allegation of non-compliance with Section 103, CRPC in its defense. It was not alleged that the recovered items were only alleged by police officials to create a false case for investigating the length of the prosecution's testimony against the accused, in the record for breaking his testimony. No material was recovered that was alleged to have been one of the minor witnesses in the recovery memo, they fully supported the prosecution's case and said they had been recovered in their presence, the other The testimony of the prosecution was first confirmed by the evidence of the witness, neither of them involved the two defendants. Hand was ousted in a rivalry. As he is involved in a false case, false accusations against the accused are recovered from a large quantity of arms and ammunition.

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