Law: Penal Code (XLV of 1860)

Section: 392

Penal Code (XLV of 1860) S. 392 Appreciation of evidence Head Constable of Police Station who was on duty near place of incident when found some persons following accused who ran after committing robbery also followed accused and succeeded in apprehending him and also recovered from him robbed money Head Constable also acted as Mashir of arrest and recovery No enmity was alleged between accused and prosecution witnesses nor any motive for false implication of accused was disclosed ¬Non examination of complainant would not be fatal to prosecution because other employee of Institution concerned who was also eye¬witness had deposed what complainant would have also deposed Private person having acted as Mashir of arrest and recovery, contention regarding non compliance of S.103, Cr.P.C., was repelled Evidence brought on record being sufficient to prove his guilt, Trial Court had rightly convicted and sentenced accused. THIS JUDGMENT DELIVERED BY: GHULAM NABI SOOMRO, JUSTICE:---.--- Appellant Muhammad Shahbaz, stands convicted under section 392, P.P.C. and sentenced to R.I. for five years and fine of Rs.20,000, in default whereof to suffer R.I. for three months more. He has been given benefit of section 382 B, Cr.P.C. vide judgment dated 26 11 2002 passed by the learned Sessions Judge, Karachi (South) in Sessions Case No. 216 of 2002. 2. The prosecution case briefly stated is that on 11 3 2002, complainant Imran lodged F.I.R. at Kharadar Police Station stating that he along with his employee, Saeed Ahmed, were present in his office situated in Writer Chambers. Two persons entered into the office at 1 30 p.m. one of them took out a pistol and demanded money from them. The complainant due to fear, give them rupees ten thousand lying in a drawer. After taking cash, both the culprits went away: The complainant and his employee raised cries and also chased them. One Head Constable, Muhammad Rasheed (P.W.1) on duty at that place, was attracted and thus, succeeded in catching hold of one culprit, from whom he secured Rs.10,000 cash who disclosed his name as Muhammad Shahbaz, the present appellant. Another culprit allegedly managed to escape. The appellant thereafter was…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492