TANVEER AHMAD versus STATE
Section 11 / l0 (4) Criminal Code of Conduct (V9 1898), Sections 164 and 512 of Law Evidence (10 of 1984), Article 47 Constitution of Pakistan (1973), Article 203 DD Trial Court upheld the conviction of the accused under section 265 The application for was deleted. The CRPC, on the basis that the victim was not available, his earlier statement was filed under Section 164, CRPC and he submitted the principle contained in Section 121212, Cr. The sighting was also relevant without any cross-examination of the accused. PC and Article 47 of the Law and Evidence, now the legitimate statement of the deceased, was recorded during the inquiry under Section 164, CRPC, in the absence of the accused without any compensation, pieces of verifiable evidence Cannot be treated as. In the absence of convincing evidence, contradictory evidence would not be sufficient to convict the accused; the trial court was not allowed to seek the provisions of Section 512, CR PC. The purpose of which is to preserve the recorded evidence against the fugitive accused and there was no immediate possibility of his arrest, and such statement can only be given in evidence when his client is dead or Proof of this cannot be obtained without anyone. The amount of delay, extension or inconvenience, even when the evidence recorded in the absence of the accused, when he was not a proven fugitive, whose authenticity was not experienced at the touchstone of cross examination, was found in Article 47 of the law's evidence. Could not be obtained under. The I84 Imp84 order was put aside, the plea of the accused filed under CRPC, section 6565K, was granted and accordingly they were acquitted.
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