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2008 P Cr. L J 10

PERVAIZ KHAN vs Shaikh RAIS and 3 others

Citation2008 P Cr. L J 10
CourtSindh High Court
Case No.Criminal Acquittal Appeal No,322 of 2006
Date2007-07-24
Judge(s)Azizullah M. Memon
ResultOrder accordingly

ORDER

1. ' AZIZULLAH M. MEMON, J.--- Heard learned counsel for the parties.

2. ' Learned counsel for the private respondents has cited 1992 SCM R 1592, 2003 SCM R 1419/1431, PLD 1994 SC 879, 1992 SCM R 96, PLD 1985 SC 11, 1994 SCM R 1928, 2006 SCM R 1217, 2002 SCM R 261, 2004 SCM R 923 and 2005 YLR 1894.

3. For the reasons to be recorded in the detailed judgment, this criminal acquittal appeal is admitted as well allowed; impugned judgment is set aside and the case stands remanded to the trial Court with direction to rehear the parties on merits of the case, together with the medical evidence; and to decide the case afresh, particularly keeping in view the case-law to the effect that medical evidence would be only confirmatory in nature, and if ocular evidence, produced on the record of the case, inspires the confidence, the medical evidence whatsoever cannot be allowed to destroy the case.

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