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MUHIBULLAH vs State Ss — 2023 YLR 1094 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2023 YLR 1094 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2023
Reporter
YLR
Parties
MUHIBULLAH vs State Ss
Subject matter
Criminal
Provisions referred to
S. 161

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

MUHIBULLAH VS State Ss. 302(b) & 397---Qatl-i-amd, robbery---Appreciation of evidence---Benefit of doubt---Delay of six days in recording the statements of witnesses---Effect---Accused was charged for committing murder of the brother of the complainant by firing---Statements of the four eye-witnesses under S. 161, Cr.P.C. were recorded with delay of six days after the incident---Though, said witnesses were implicated by the complainant, through supplementary statement, however, later, vide an affidavit they were exonerated from the case---But since accused were in custody, therefore, delay in recording their statement was fatal---Circumstances established that the prosecution had failed to prove the case against the accused beyond shadow of doubt---Appeal against conviction was allowed, in circumstances and accused persons were acquitted.

Other judgments reported in 2023 YLR

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