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

Section: 17(4)

Law: Criminal Procedure Code (V of 1898)

Section: 164,410,417(2-A)

(a) Offences Against Property (Enforcement of Hudood) Ordnance (VI of 1979)-- ----S.17(4)---Haraabah----Appreciation of evidence---Appeal against acquittal--Prosecution case was that respondents/accused persons committed murder of the deceased/brother of the complainant and robbed his vehicle---Record reflectedthat complainant in his statement under S. 164, Cr.P.C. recorded after twenty days of the incident, involved all the accused by name with parentage without showing any source of information---Cross-examination of the complainant was reserved and thereafter the accused were not afforded opportunity to cross-examine the complainant though all the accused were involved on the strength of unknown source/clue which was not unveiled during trial---Record showed that the robbed vehicle was recovered from the possession of one "A", who was not joined as accused nor was put in the witness box by the prosecution---Investigating Officer admitted that pistol was recovered from one accused, but was not sent to Fire Arm Expert in order to ascertain whether it was capable of firing or not---Recovered pistol was not sent to Forensic Science Laboratory in order to ascertain whether any firing was made from the said pistol or not---Said recovered pistol was not sent to the Finger Print Expert in order to ascertain the finger prints of the accused and others---Investigating Officer had admitted that at the place of recovery of pistol and mobile telephone, people of the locality were present but their statements were not recorded---Record transpired that one of the accused made confessional statement but the same could not be considered free from extraneous influences such as threat, promise or inducement and therefore, it was neither made voluntarily, suffered from various defects and infirmities, nor it was true statement which was retracted by the said accused---Confession of the said accused was not worth reliance---Circumstances established that the occurrence had taken place in which deceased was shot to death but not in the manner asserted by the prosecution, thus prosecution had failed to bring home the charge against the accused persons beyond reasonable…

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