| Citation(s) |
|---|
| 2019 SLG 1523 2019 SLD 1523 2019 MLD 1094 |
Federal Shariat Court
Criminal Appeals Nos. 15/K and 16/K of 2018, decision & hearing Dated: 04-02-2019.
SYED MUHAMMAD FAROOQ SHAH, JUSTICE
Respondent(s) by: Khadim Hussain Khooraho, Additional Prosecutor General, Sindh
Criminal Appeals Nos. 15/K and 16/K of 2018, decision & hearing Dated: 04-02-2019.
SYED MUHAMMAD FAROOQ SHAH, JUSTICE
Respondent(s) by: Khadim Hussain Khooraho, Additional Prosecutor General, Sindh
AHMED ALI AND ANOTHER
VS
THE STATE
Law: Pakistan Penal Code, 1860
Section: 34,392
Law: Criminal Procedure Code (V of 1898)
Section: 154,161,173,382B
Law: Qanun-e-Shahadat (10 of 1984)
Section: 22
Law: Offences Against Property (Enforcement of Hudood) Ordinance 1979
Section: 17(3)
(a) Penal Code (XLV of 1860)--- ----Ss. 392 & 34 ---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3)---Robbery, common intention, haraabah---Appreciation of evidence---Benefit of doubt---Accused were charged with the offence that they had forcibly snatched motorcycle on gun point from the complainant when he was plying the said motorcycle and witness was sitting on rear seat---Ocular account was furnished by two witnesses including complainant---Complainant had alleged that he had identified the accused by name at the time of commission of robbery---Such fact was not disclosed during investigation, conducted about 14 days prior to registration of crime report---Complainant had admitted in cross-examination that the accused were not known to him prior to the incident---Identification of the accused, after their arrest, by the complainant and prosecution witness in the presence of Magistrate was necessary, as no legal sanctity was attached to the identification of the accused before the Trial Court---Statement of witness under S.161, Cr.P.C. was recorded after about nineteen days of the incident---Complainant had alleged that the incident had taken place near weighbridge whereas witness had stated that the place of incident was situated near a colony---Three miles distance existed in between colony and weighbridge---Complainant had stated in cross-examination that he informed the police on telephone number 15, whereas witness had contradicted the version of the complainant and stated that the father of the complainant informed police on telephone number 15---Witness had further stated in cross-examination that the name of the accused was disclosed to them by the police---Circumstances proved that the complainant did not know the accused persons prior to the incident and the concerned police informed the names of the accused persons to the complainant party---Investigation did not reflect any sufficient cause or plausible reason of not making the recovery of incriminating article (robbed motorcycle) including crime weapon from the accused persons---Father of the complainant being owner of alleged robbed motorcycle and his…
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