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STATE versus MUHAMMAD HAFIZ CHUGHTAI


The Pakistan Penal Code Section 406 definition of evidence failed the prosecution to prove that the storage of the disputed goods was handed over to the accused driver who allegedly delivered the goods to the accused. Subsequently, receipts were received from the accused with the department, but these receipts were not presented or even recorded when the prosecutor's case was that the audit of the disputed store was conducted by an audit party. Was made, neither audit reports nor any member of the audit party were presented in support of this claim. There is no doubt that the prosecution was not obliged to present all the witnesses, but if the material witnesses were not presented and the audit reports were stopped with no satisfactory explanation, the trial court had no alternative left. To consider if such documentation or oral evidence would have been presented. The prosecution's case was not supported by the evidence presented by the prosecution was too short and full of contradictions and insufficient to support the prosecution's case, in the circumstances, it failed to prove that it The crime was committed by the accused.

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