Case Details

Citation(s)
2017 SLG 2514 2017 SLD 2514 2017 YLR 2218
Federal Shariat Court
Jail Criminal Appeal No. 20/I of 2016, decision Dated: 27-4-2017. Hearing Date : 6-4-2017.
ZAHOOR AHMED SHAHWANI, JUSTICE, MRS. ASHRAF, JAHAN, JUSTICE
Aftab Ahmed Khan for Appellants. Arshad Ahmed Khan, Assistant Advocate General, Khyber Pakhtunkhwa for the State.

KHUSHDIL AND ANOTHER

VS

THE STATE

Law:

Section:

Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979)--- ----S. 17(4)---Penal Code (XLV of 1860), Ss.396, 412, 413 & 414---Haraabah, dacoity with murder, dishonestly receiving property stolen in the commission of a dacoity, habitually dealing in stolen property, assisting in concealment of stolen property--- Appreciation of evidence---No direct ocular evidence was available about the guilt of accused persons, however, prosecution had established the case against accused persons by producing concrete circumstantial evidence in the shape of confessional statements made by accused persons, recovery of robbed vehicle on the pointation of accused and recovery of NIC of deceased from the house of accused persons---Confessional statements made by accused persons which were promptly recorded and without doubt voluntary, corroborated each other---Confessional statements, further got corroborated by medical evidence---Judicial Magistrate had recorded the confessional statements of accused persons had complied with all the formalities required under the law---Accused persons though had retracted from their confessions, but same rang true and voluntary---Where the confessional statement was found to be true and voluntary, conviction could be recorded on such statement---Prosecution had succeeded to establish the case against accused persons by collecting sufficient incriminating circumstantial evidence---Prosecution had been able to complete the links of the chain connecting accused persons with the commission of offence---Defence could not point out any illegality or irregularity in the impugned passed by the Trial Court---Trial Court had rightly convicted and sentenced accused persons. 2013 SCMR 383; 2007 SCMR 670; 2010 SCMR 1604; 2004 SCMR 209; 2006 PCr.LJ 1516; 1989 PCr.LJ 1738; State v. Waqar Ahmed 1992 SCMR 950 and Muhammad Amin v. The State PLD 2006 SC 219 ref Ghulam Qadir v. The State 2007 SCMR 782 rel. THIS JUDGMENT DELIVERED BY: ZAHOOR AHMED SHAHWANI, JUSTICE:---.--- The appellants Khushdil son of Wazeer and Sherdil son of Khushdil, through this jail criminal appeal, have assailed the judgment dated 24.01.2012 passed by the learned…
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