Law:

Section:

Principle-- ----No one can be punished twice for the same offence. Constitution of Pakistan, 1973-- ----Art. 13--Protection against double punishment--No person shall be prosecuted or punished for the same offence more than once. Benefit of doubt-- ----If there is any doubt in the prosecution case the benefit of doubt is to go to the accused. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 395 & 412--Offences Against Property (Enforcement of Hudood) Ordinance, 1979, S. 17(3)--Conviction and sentence recorded against appellant by trial Court--Challenge to--Benefit of doubt--Principle of double Jeopardy--If the appellant was member of five persons who had robbed pick-up then he could be tried and convicted u/S. 395 PPC and otherwise if only the robbed vehicle has been recovered from his house in that case he was rightly convicted and sentenced u/S. 412 PPC--Principle of jeopardy was fully attracted in the case--Prosecution had failed to prove charge u/S. 395 against the accused--Conviction and sentence recorded against appellant set aside and he was acquitted--Appellant was present on bail--U/s. 412 PPC Conviction and sentence recorded against appellant, by a separate of trial Court would be independently decided by the Court of appeal as convict has challenged the said --There were reasons for acquittal--Held: No one can be punished twice for the same offence. THIS JUDGMENT DELIVERED BY: MUHAMMAD ZAFAR YASIN, JUSTICE---.--- This appeal is directed against the judgment dated 22.12.2004 passed by leaned Additional Sessions Judge-I, Quetta whereby appellant Ghulam Qadir son of Arbab Khan has been convicted under Section 395 PPC and sentenced to undergo R.I for ten years with a fine of Rs. 10,000/- or in default to further undergo S.I for six months. The appellant has also been extended the benefit of Section 382-B Cr.P.C. 2. Brief facts of the prosecution case as emerged from FIR No. 64/2003 dated 12.7.2003 P.S. New Sariab, Quetta are that on 12.7.2003 complainant Muhammad Yousaf lodged the report with the Police Station New Sariab Quetta, stating that the complainant was permanent resident of Noshki and drives pick-up No. WAD-659 Toyota Model, 1989 from…

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