Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 392---Robbery---Appreciation of evidence---Benefit of doubt---Only the complainant had been examined as an eye-witness of the alleged incident, which allegedly took place in his house---No other inmate of the house had been examined to corroborate the version of the complainant---Evidence of the complainant, was contradictory with his own version given in the F.I.R.---Complainant, prima facie, had improved his testimony---Person, making contradictions and improvements, could not be held worthy of credence---Accused was arrested after more than six months of the alleged occurrence; and complainant was examined after more than one year of arrest of accused---Memory of a person would fade away with such passage of time---Accused was not put to any identification test---As to how the complainant was able to watch full faces of the culprits was not disclosed---According to the complainant they were muffled faces at the relevant time---Contents of memo. of recovery of digital camera, shown to have been made on pointation of accused, were not supported by Investigating Officer---Complainant, did not give particulars of said camera in the F.I.R., nor even in his statement before the court---Prosecution having failed to prove beyond reasonable doubt, the guilt of accused, conviction and sentence, passed by the Trial Court were set aside---Accused was acquitted and released, extending him the benefit of doubt, in circumstances. 1984 SCMR 42; PLD 1981 SC 472 and PLD 1977 SC 557 ref. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 22---Identification test---Object---Substantive evidence of a witness was his statement in the court, but the object of identification test, was to test that evidence---Testimony of the witness in court, as to the identity of accused, who was stranger to the witnesses, required corroboration which should be convincing evidence, or in the form of an earlier identification proceedings. Farman Ali v. State 1997 SCMR 971 ref. JUDGMENT ABDUL RASOOL MEMON, J.---This Criminal Appeal is directed against the judgment dated 21-12-2013 passed by learned VIIIth Assistant Sessions Judge, Karachi East, whereby the…

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