Law: Pakistan Penal Code, 1860

Section: 395

Law: Qanun-e-Shahadat (10 of 1984)

Section: 164,38,39

(a) Penal Code (XLV of 1860)--- ----S. 395---Dacoity---Appreciation of evidence---Complainant and other eye-witness of occurrence had supported the prosecution case by giving details of incident---Both were cross-examined at length, but nothing had come on record favouring the accused persons---Contradictions in the evidence of said witnesses being minor in nature, were not fatal to prosecution case---Such contradictions were natural having come in evidence due to passage of time between the occurrence of the incident and recording of evidence---Prosecution case was supported by the identification of accused persons before the Judicial Magistrate and recovery of robbed articles---Discrepancies and legal defects in identification parade and in recovery of robbed property, in view of direct evidence on allegation of dacoity, carried no weight---Both the eye-witnesses being inmates of house where occurrence had taken place, their presence was natural and undisputed---Accused having remained at the place of occurrence for considerable time, mistake in their identification could not be inferred---Prosecution had succeeded to establish the charge of dacoity against accused persons, without any shadow of doubt---Impugned of the Trial Court was not the result of misreading or non-reading of evidence, and being based upon cogent reasons, required no interference---Conviction and sentence awarded to accused persons was maintained, in circumstances. PLD 2001 SC 546; PLD 1981 SC 142; 1995 SCMR 127; 2011 SCMR 527; 2011 SCMR 646; PLD 1962 Kar. 288; 1975 PCr.LJ 1201; 1984 SCMR 1382; 1990 SCMR 172 and 1990 SCMR 1275 ref. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 164---Production of evidence of modern devices---Record of Mobile Company and evidence of it's representative was admissible in terms of Art.164 of Qanun-e-Shahadat, 1984 which had provided that court could allow the production of any evidence that could have become available because of devices and techniques. (c) Penal Code (XLV of 1860)--- ----S. 395---Qanun-e-Shahadat (10 of 1984), Arts.38 & 39---Dacoity---Appreciation of evidence---Benefit of doubt---Accused was implicated by one of co-accused, who…

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