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GULZAR versus THE STATE


The only evidence against the accused in the Pakistan Penal Code Section 302/34 Criminal Code (v. 1898), Sections 561A, 164 and 265K was the judicial confession presented by the main accused, which the High Court did not rely on. In the case of the main accused, therefore, instead of moving the trial court under section 616161A, directly under the CRPC under section 6565, the PC said, the judicial confession was relied upon by the High Court against the main accused. Could not be relied upon by the trial court against the accused and the proceedings against it was nothing but a futile exercise, the proceedings against the accused in the trial court were accordingly canceled and it was soon to be released. Has been instructed

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