Law: Pakistan Penal Code, 1860

Section: 392,342

(a) Penal Code (XLV of 1860)--- ----Ss. 392 & 342---Robbery, wrongful confinement---Appreciation of evidence---Delay of more than three months in lodging FIR was not plausibly explained---Prosecution case was that four persons (accused) were present at the time of incident, but challan was produced against six persons---Complainant in his evidence before the court had nominated appellant with the commission of crime, but other eye-witness who was with the complainant at the time of incident did not identify the appellant as accused---Said piece of evidence was a major blow to the case of prosecution---Evidence of complainant revealed that in the FIR he had alleged that the accused had also snatched two Mobile Phones from the complainant party besides ten empty cauldrons, but in his evidence before the court his statement was totally silent about the snatching---Prosecution witness also did not adduce a single word about alleged robbed mobile phones---No recovery was made from the accused and no corroboratory piece of evidence was on the record in support of the statement of complainant against accused connecting him with the commission of crime---Complainant had attributed only the accused for commission of offence and exonerated the rest of the persons facing trial---Said self-contradictory statement of complainant further created doubts about the prosecution case---Prosecution had failed to discharge its burden satisfactorily and there appeared major lacunae and contradictions in the evidence brought on record---No satisfactory basis for upholding the conviction being present, sentence of accused, and passed by the court below was set aside---Appeal was allowed. (b) Criminal trial--- ----Benefit of doubt---Not necessary that there should be many circumstances creating doubts, if a simple circumstance would create reasonable doubt in a prudent mind about the guilt of accused, he would be entitled to such benefit, not as a matter of grace, but as a matter of right. Tariq Pervez v. State 1995 SCMR 1345 rel. THIS JUDGMENT PASSED BY: MRS ASHRAF JAHAN, JUSTICE:---.--- The above titled criminal appeal was disposed of vide short order dated 07.06.2017 which reads…

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