Law:

Section:

Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979)-------S. 17(3)---Penal Code (XLV of 1860), S.392---Appreciation of evidence---None of the witnesses having been subjected to the requirement of Tazkiya-tush-Shuhud as envisaged by S.7 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, no Hadd punishment could be inflicted on the accused---Prosecution witnesses including the complainant were all independent witnesses who had made consistent statements and their testimony inspired confidence ---Eye­witnesses had also identified the accused as one of the culprits who had snatched their motorcycle---Defence plea was hot substantiated on record by the accused---Case against accused was of simple robbery--­Conviction and sentence of accused under S.17(3) of the Ordinance were consequently set aside and he was convicted under S.392, P.P.C.--­Accused was 18 years of age when he had made his statement under S.-W, Cr.P.C.---Accused was sentenced to five years' R. I. with a fine of Rs.1,000 in circumstances. JUDGMENT DR. FIDA MUHAMMAD KHAN, J.--- This appeal preferred by Gul Bahar son of Miran Bakhsh, resident of Goth Sabz Ali Umrani, Usta Muhammad is directed against the judgment dated 5-8-2000 passed by learned Additional Sessions Judge, Nasirabad at Dera Murad JamaE whereby he has convicted him under section 17(3) of Offences Against Property (Enforcement of Hudood) Ordinance, 1979, hereinafter referred to as the Ordinance, and awarded him punishment of amputation of his right hand from wrist and of his left foot upto the ankle. A criminal reference for confirmation of the above sentences , has also been submitted to this Court. 2. Since both the matters arising out of one and the same judgment, we are disposing them of by this single judgment. 3. Briefly stated the case of prosecution as disclosed in F.I.R. Exh.P./1-A, lodged on the statement of Hamza Khan, about 4-00 a.m. on 9-4-1999, at Levies Thana Dera Murad Jamali, is to the effect that on the same day at 10-00 a.m. while he alongwith his son Mian Khan was proceeding to Dera Murad Jamali on his motorcycle CD-70 Model 1998 bearing Engine No.1674148 and chassis…

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