Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(c) & 392---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(4)---Qatl-i-amd, robbery, haraabah---Appreciation of evidence---No ocular evidence was in the case and prosecution case mainly rested upon circumstantial evidence, there being no eye-witness of the occurrence or last seen evidence---Accused persons came on surface initially on the basis of C.D.R. of the mobile SIM, which was inadmissible and was unworthy of credence as same could not be considered either substantive or corroborative piece of evidence---Paramount reliance of prosecution case was on recovery of allegedly stolen mobile phone; neither the mobile number, its type or other mark of identification, were furnished it would, therefore, be unsafe to believe that recovered mobile was the same which was stolen---Alleged stolen vehicle was recovered on pointation of two accused persons jointly from an abundant place---Joint recovery had no evidentiary value, being inadmissible---Postmortem report of the deceased, only furnished opinion with regard to the cause of death of the deceased and not identified the culprits in any manner---Medical evidence, in circumstances, had added nothing in the prosecution version, rather had diminished the prospect of collecting evidence in line to dig out real culprits of the occurrence---Prosecution had failed to prove the charge against accused persons beyond any reasonable doubt---Accused, were acquitted from the charges in circumstances. 2008 SCMR 1064; 2011 SCMR 1142; 2012 YLR 2026; 2016 MLD 1363; 2016 PCr.LJ 250; 2015 PCr.LJ 1171; 2016 PCr.LJ 380; 2002 SCMR 1885; 2009 YLR 1526; PLD 2016 Pesh. 26; 2016 YLR 1291; 2016 PCr.LJ 257; 2016 MLD 1 and 2008 SCMR 1221 ref. Azeem Khan and another v. Mujahid Khan and others 2016 SCMR 274; The State v. Behram Khan 2016 MLD 63; Shabbir Ahmed v. The State 2011 SCMR 1142; Ghulam Akbar and another v. The State 2008 SCMR 1064 and Tanveer alias Rabail and another v. The State 2012 YLR 2026 ref. (b) Penal Code (XLV of 1860)--- ----S.302(b)---Qatl-i-amd---Appreciation of evidence---Circumstantial evidence---Scope---Chain of circumstantial evidence, must be…

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