Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 392 & 411---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.20---Robbery, dishonestly receiving stolen property, Haraabah---Appreciation of evidence---Benefit of doubt---Victim/complainant, who was star witness in the case and was robbed at gun point, lodged F.I.R. and disclosed name of one robber---During the trial complainant admitted the incident, but stated that accused shown to him in the court was not the same---Investigating Officer, instead of procuring private witnesses, preferred his subordinates, though the private persons were available and there was a hotel near the place of alleged arrest and recovery---Trial Court had found that robbery was not proved and only charge of receiving and retaining of stolen property was proved against the accused---Case against accused having not been proved, he was acquitted by giving benefit of doubt, in circumstances. Dost Muhammad's case 1986 SCMR 462 rel. JUDGMENT SADIQ HUSSAIN BHATTI, J.---Khan Muhammad son of Haji Qaim Marri, resident of Rahim Nagar Mirpurkhas, was tried by the learned Sessions Judge, Mipurkhas under section 392, P.P.C. and 20 Harabah (offence against property) E.H.O. 1979, convicting and sentencing him under section 411, P.P.C. to suffer R.I. for a period of 3 years with the benefit of section 382-B, Cr.P.C. 2. On an F.I.R. lodged by complainant Jewan Khan, which was registered as Crime No.73 of 2002 at Police Station Taluka Mirpurkhas on 20-10-2002 at 3-15 p.m. 3. The prosecution version of the occurrence as given in the above F.I.R. is as under:-- "On 16-10-2002, complainant left his village for coming to Mirpurkhas, on his Motorcycle, when he reached near village Mubarak Leghari, Lakho link road, at about 1730 hours two persons gave signal to him to stop the Motorcycle, on which he stopped the Motorcycle and identified one of them to be Khan Muhammad Mari (present appellant) who was residing in Raheem Nagar near the house of complainant's brother-in-law namely Ahmed Leghari. Both the persons were armed with Pistols. Accused Khan Muhammad Mari pointed the Pistol upon him, fell him down and then both the accused persons ran…

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