Law: Penal Code (XLV of 1860)

Section: 302(b),392

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

Section: 20

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 392---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.20---Qatl-i-amd, robbery, haraabah---Appreciation of evidence---Police, conducted initial investigation of the offence, three days prior to lodging the FIR---No explanation was provided for lodging the FIR after two days of the burial of the deceased---Complainant failed to furnish circumstances beyond his control or any sound justification for not lodging the FIR on the day of occurrence---Medical Officer had issued final medical certificate without going through the X-Ray or any other test report, that too after lapse of more than two years---Investigation was initiated prior to the registration of FIR; which could be presumed to be result of deliberation, consultation, and would establish ulterior motive to get the accused convicted---Material discrepancies, could be noted in the prosecution case---Mushirs, were closely related to each other---No inhabitant of the locality, was associated at the time of preparation of different memos, despite many, people of the locality were found present---Such was a clear violation of S.103, Cr.P.C. and fatal to the prosecution case---Case set up by the prosecution, appeared to be concocted and could not be considered trustworthy due to contradictions and inconsistencies in the ocular account, medical and circumstantial evidence---Prosecution, having failed to prove the case against accused beyond shadow of reasonable doubt, impugned was set aside and accused was acquitted of the charge. (b) Criminal Procedure Code (V of 1898)--- ----S. 154---Information in cognizable cases---Under S.154, Cr.P.C., any information relating to the commission of cognizable offence, would be reduced in writing. (c) Criminal trial--- ----Benefit of doubt---If a single 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. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD FAROOQ SHAH, JUSTICE:- --.--- Mashooque Ali, the appellant by invoking appellate jurisdiction of this Court has preferred the…

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