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LUTUF ALI versus THE STATE


The Pakistan Penal Code Sections 302/34 and 393 were in the dark at the time of scrutiny of the evidence and there was no indication in the record about the source of the identification, the accused was not aware of the witnesses, none of the prosecution witnesses had a torch and The identity of the accused was stated. One of them was made in the light of a torch, the revolver's recovery on a defendant's offer was of no importance because according to the prosecution's case he was equipped with a rifle which he did not use. A witness to his recovery did not support the prosecution's case, and the co-counsel was not examined. The prosecutor thus failed to prove his case against the accused beyond any reasonable doubt, and the accused was acquitted. ?

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