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MALIK SHAHZAD versus THE STATE


Pakistan Penal Code Section 395 Criminal Procedure Code (V9 1898), Section 103 Despite police having prior knowledge of the presence of criminals in the bungalow, the police did not include the arrest and recovery of two independent and respected residents of the area. Nor can the PCP be referred to in relation to departure from the mandatory provisions of section 103. Under the circumstances, the arrest of the accused was suspicious, no identification parade was held after the arrest of the accused, which in the circumstances of the case required that the evidence of the prosecution was defective, contradictory and the accused was acquitted.

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