Made in violation of Section 103 Cr.P.C.

17. The prosecution relies on the recovery of Ustra P-4 to incriminate the Appellant. I am afraid, the alleged recovery does not advance its case inasmuch as it was made in violation of Section 103 Cr.P.C. It is settled law that one tainted piece of evidence cannot corroborate another tainted piece of evidence. Reliance is respectfully placed on “Azeem Khan and another v. Mujahid Khan and others” (2016 SCMR 274).


Used in Judgment of
Lahore High Court
Criminal Appeal
284-09
2017 LHC 4010

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