Law: Pakistan Penal Code, 1860

Section: 34,109,302,302(b),392,394

Law: Criminal Procedure Code (V of 1898)

Section: 161,162,342,382B,544A

Law: Offences Against Property (Enforcement of Hudood) Ordinance 1979

Section: 17(4)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Offences Against Property (Enforcement of Hudood) Ordinance, 1979, S. 17(4)--Conviction and sentence--Challenge to--Supplementary statement--Both parties are having strained relations due to inimical terms/in result of which the incident had taken place--He further submitted that the Court below after proper appreciation of evidence had given finding of guilt against the appellant by acquitting remaining five co-accused--Possibility of fabricated story cannot be ruled out; more particularly, the supplementary statement of complainant cannot be relied upon as the witness improved his statement dishonestly, therefore, his credibility becomes doubtful on the strength of well-known principle that improvement once found deliberate and dishonest caused serious doubt on veracity of such witnesses--Held: FIR is an initial document brings the law into motion and any further statement of the complainant recorded during investigation by the police would not be equated with FIR--Statement of appellant/accused while in police custody inculpating the co-accused in commission of the offence has no evidentiary value; more particularly, neither extra judicial confession or confessional statement of the appellant is found available on the file nor during investigation any such confession of the appellant had been recorded the trial Court, the appellant had been exonerated from the charges of Haraabah--Such finding of the trial Court reveals that the appellant had never been involved in the offence of dacoity, robbery of motorcycle--Subsequently, the appellant was apprehended and through supplementary statement the complainant/appellant involved the appellant by showing his presence at the place of occurrence with active and specific role in commission of offence--Implication of the appellant due to admitted grudge, personal vendetta, animosity and bitter acrimonious relations in between the parties cannot be ruled out--Re-examined the evidence in the interest of justice and fair play--Through supplementary statement of the complainant, the appellant had been involved in this case; any such statement or further statement of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492