Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 342---Power to examine accused---Available material was not put to accused during trial---In the present case, incriminating material was not put to accused during the course of trial at the time of recording his statement under S. 342, Cr.P.C.---Effect---If any incriminating piece of evidence like report under S. 173, Cr.P.C., or FIR, recovery memos, statement of prosecution witnesses and confessional statement if any were not put to accused in his statement under S.342, Cr.P.C. for his explanation, then the same could not be used against him for his conviction. 2010 SCMR 1009; Abdul Ghaffar v. The State 2011 MLD 239 and Shiral alias Sher Ali v. The State 1999 SCMR 697 rel. (b) Criminal trial--- ----Appreciation of evidence---Principle---When two interpretations of evidence were possible, one favouring the accused and the other favouring the prosecution, the one favourable to the accused was required to be taken into consideration. Azeem Khan and another v. Mujahid Khan and others 2016 SCMR 274 rel. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD FAROOQ SHAH, JUSTICE:- --.--- By this common judgment captioned appeals arising from the same judgment are taken and decided together. 2. The appellants were convicted and sentenced for an offence under section 397/ 34, P.P.C. vide judgment dated 27.10.2015 to suffer RI for seven years each so also to pay fine of Rs.10,000/- by learned Additional Sessions Judge-II, Malir Karachi. 3. The story of prosecution, in nutshell, is that on 20.11.2014 at 1430 hours complainant PW Fahad Abdullah was intercepted by three persons and signaled to stop his motorcycle, one of them drawn his pistol and asked him to hand over his belongings; one empty handed accused drawn cash of Rs.1000/- from his front packet and other empty handed accused drawn his Q-Mobile E-18 of black color so also took key of his motorcycle and started running. In the meantime a police mobile and a white color car came there to whom he narrated the facts. The culprits were chased, who were running and they were apprehended. An unlicensed TT pistol loaded with three bullets was recovered from accused Iftikhar alias…

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