5. Because of the conflict of decisions of this Court on the above
point, the High Courts and subordinate Courts are making pick
and choose to apply any of the decisions in the case which
apparently is causing miscarriage of justice. Now it is left at the
discretion of the High Courts and subordinate Courts to give
benefit or otherwise to any particular accused which apparently is
frustrating the intention of lawmakers and diminishing the rigour
of law for which it is made…
Used in Judgement of
Lahore High court
WP- Criminal Proceeding
9027-17
2018 LHC 1465
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