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MUHAMMAD ASHRAF versus STATE


Sections 540 and 265F of the Adultery (Enforcement Hood) Ordinance (VII of 1979), Section 16 Penal Code (XLV of 1860), Section 380 Complaint of a woman for criminal intent to abstain or to detain and steal. The complainant's request was dropped by the trial as a witness DSP (Investigation) name in the witnesses calendar. In a report submitted by the police under section 173, the name of the police officer was sought; The objection was not raised, so that the crime report could be investigated. The question is whether he is eligible for investigation or not, the other party should be left to establish through cross-examination, after which the trial court will consider it. The matter, if it had been raised earlier, would have included Section 265F in the Code of Criminal Procedure despite the already existing section 404040, ensuring a fair trial already in CRPC and In order to obtain, both were given equal opportunity for the accused as well as the prosecution party to ask for the witnesses, however, the balance between the parties must be maintained and the witness must be summoned. The administration of justice should not stand in the way the DSP (Investigation) was directed to seek witnesses in this case; the trial court was directed to proceed with the case. Make the decision.

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