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State vs AHMED OMAR SHEIKH S — 2021 SCMR 873 SUPREME-COURT

Case information

Citation
2021 SCMR 873 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
State vs AHMED OMAR SHEIKH S
Provisions referred to
S. 428---

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

State VS AHMED OMAR SHEIKH S. 428---appellate Court may take further evidence or direct it to be taken---Scope---appellate courts were to be cautious in allowing the production of additional evidence at an appellate stage, especially when such fact was available and in the knowledge of the party seeking to produce it, as additional evidence---Underlying reason for the appellate Court to exercise restraint was that it might prejudice the case of the accused or be used to fill the lacunas of the prosecution case---Therefore unless the said evidence could not have been collected earlier, despite due diligence or where the said party was prevented from collecting and producing the same at the trial for reasons beyond its control and power, the appellate courts were not to allow production of such additional evidence.

Other judgments reported in 2021 SCMR

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