Case Details

Citation(s)
2020 SLG 1131 2020 SLD 1131 2020 PCRLJ 923
Balochistan High Court
Criminal Revision Petition No. (s) 28 of 2019, decided on 10th October, 2019, hearing Date : 26th September, 2019.
ROZI KHAN BARRECH, JUSTICE
Ahsan Rafiq Rana for Petitioner. Abdul Mateen, DPG for the State.

MUHAMMAD SIDDIQUE ALIAS QURBAN ALI

VS

THE STATE THROUGH PROSECUTOR GENERAL, BALOCHISTAN

Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 392 & 34--- Robbery, common intention--- Appreciation of evidence---Confidence inspiring evidence---Scope---Prosecution case was that complainant along with his relative was going towards his house on a motorbike when the accused along with another duly armed with lethal weapon snatched the motorbike on gun point and fled away from the spot---Complainant reported the matter to the police, upon which he and police party chased the accused persons and overpowered one of them along with stolen motorbike and unlicensed weapon---First Information Report was lodged without any delay and the accused was duly nominated---Complainant and his relative had recorded their statements on oath wherein they had fully involved the accused as one of the culprits who was apprehended on the spot---Snatched motorbike and pistol were recovered from the accused in the presence of eye-witnesses---Complainant party prima facie had no motive or reason to falsely involve the petitioner who was neither resident of the area of complainant nor the accused had pleaded any direct enmity against the complainant party---High Court held that of conviction recorded by Trial Court and subsequently upheld by the appellate court was well reasoned and proper, hence did not warrant any interference by the High Court--- Revision petition was dismissed. (b) Criminal trial--- ----Evidence--- Ocular evidence--- Corroboration--- Scope--- Ocular account must sustain beyond shadow of doubt, which for abundant caution must have corroboration to eliminate chance of doubt---Where ocular account fails the corroborative pieces of evidence become immaterial as they alone cannot sustain conviction. Dr. Israr-ul-Haq v. Muhammad Fayyaz and another 2007 SCMR 1427 rel. (c) Criminal trial--- ----Evidence---Ocular evidence---Duty of prosecution---Scope--- Ocular account brings the prosecution under a heavy duty to safely establish presence of the witness on the spot---Mere presence of witness at the spot is not sufficient to believe whatever the witness says but his evidence being natural, direct and confidence inspiring are sine qua non. Abid Ali and 2 others v. The State 2011…
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