Law: Pakistan Penal Code, 1860

Section: 392

Law: Criminal Procedure Code (V of 1898)

Section: 382-B

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

Section: 17(3)

Penal Code (XLV of 1860)--- ----S. 392---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3)---Robbery, haraabah---Appreciation of evidence---Accused was not nominated in the FIR and case was registered against "unknown" persons---Record of the case was silent as to how and by whom accused was implicated and arrested in the case---Prosecution's version was that complainant, during identification parade had identified accused thrice in the presence of Assistant Commissioner, but the Assistant Commissioner was not produced in the court by prosecution in support of its case---Possibility could not be ruled out that complainant had seen the accused at the Levies Station prior to identification parade as complainant had visited Levies Station nine days regularly---Alleged confessional statement of accused was recorded with delay of ten days after his arrest and such delay remained un-explained; which had created doubt about the voluntariness of the same and rendered that inadmissible---Alleged confessional statement of accused was not corroborated by any other independent evidence---Robbed vehicle had not been recovered from the possession and pointation of accused---Investigating Officer, had deposed that during the course of investigation, accused had made disclosure with regard to commission of offence and disclosure memo was prepared, but neither said disclosure memo was exhibited nor any marginal witness of the same was examined---Non-production of disclosure memo had further made the case of prosecution doubtful---Except alleged confessional statement of accused, no other incriminating evidence was available to connect accused with the commission of offence and said confessional statement had already been disbelieved and discarded---Prosecution had been unable to establish its case against accused beyond reasonable doubt---Trial Court, without proper appreciation of evidence had convicted and sentenced the accused---Judgment of the Trial Court being not tenable in the eye of law, was set aside by Federal Shariat Court and accused was acquitted of the charge, in circumstances. Muhammad Nadeem (alias Deeni) and another v. The State…

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