Law:

Section:

(a) Criminal trial--- ----Circumstantial evidence---Value---Scope---Circumstantial evidence was to be considered as a chain, and each piece of evidence, was link in the chain---If any one link had broken, the chain would fail---Circumstantial evidence could only form basis for conviction, when it was compatible with the innocence of accused or guilt of any other person and in no manner be incapable of explaining upon any reasonable hypothesis except that of guilt of accused---Every link in circumstantial evidence had to be proved by cogent evidence and if not then no conviction could be maintained or awarded to accused. (b) Penal Code (XLV of 1860)--- ----Ss.392 & 34---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Robbery, common intention---Appreciation of evidence---Benefit of doubt---Circumstantial evidence---Withholding material witness---Presumption---Prosecution case was that accused persons had snatched motorcycle, Computerized National Identity Card and mobile phone on gun point from complainant---Record showed that no ocular evidence was available except the admission and identification of the accused in the case---Prosecution had examined two witnesses with regard to the admission/disclosure and identification of the accused---Record showed that accused had made confession and disclosure in police custody, no weight could be given to such disclosure and confession---Identification parade of the accused was conducted under the supervision of Judicial Magistrate after eleven days of his arrest---No explanation had been furnished for delayed identification parade---Prosecution failed to examine the said Judicial Magistrate before the Trial Court as prosecution witness to substantiate the version of the Investigating Officer---Complainant did not describe the role played by the accused at the time of commission of offence, thus the same had lost its efficacy and could not be relied upon---Adverse inference under Art. 129(g), Qanun-e-Shahadat, 1984 that had the witness been produced before the court, he would not have supported the prosecution case, could safely be drawn against the prosecution---Circumstances and facts of the case created doubt about…

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