Law: Penal Code (XLV of 1860)

Section: 395,511

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

Section: 17(3),24

(a) Criminal trial--- ----Benefit of doubt---Principle---Prosecution has to stand on its own legs and any doubt arising out of case has to be resolved in favour of accused. (b) Penal Code (XLV of 1860)--- ----Ss. 395 & 511---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), Ss.17(3) & 24---Robbery or attempt to commit robbery---Appreciation of evidence---Benefit of doubt---Recovery of articles---Proof---Unexplained delay in registration of FIR---Accused was sentenced and convicted by Trial Court for committing and attempting to commit robbery---Validity---Entire investigation was carried out by complainant and his companions and role of investigating officer and Levies was secondary---Prosecution had not gathered tangible evidence against accused to establish allegations charged with---Nothing was available on record that accused had committed robbery or dacoity and that some snatched articles were recovered from his possession by drivers of truck, who deposited the same---Except an illicit weapon nothing was recovered from accused---Prosecution failed to establish as to how cash amount, two mobiles and two cards etc. allegedly recovered from accused were handed over by drivers to the Levies personnel---False implication of accused could not be ruled out as FIR was lodged after consultation and deliberation and delay of 21 hours in lodging same was not explained and such factors reacted on credibility of version of prosecution---Federal Shariat Court set aside conviction and sentence of accused as prosecution had failed to prove any case against accused beyond reasonable doubt---Appeal was allowed in circumstances. JUDGMENT SYED MUHAMMAD FAROOQ SHAH, JUSTICE:---.--- The Captioned appeal is directed under section 24 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, against the judgment recorded and pronounced on 12.04.2011, by the learned Sessions Judge, Loralai, whereby the appellant has been convicted and sentenced under sections 395/511, P.P.C. and awarded sentence for three years R.I. and to pay fine of Rs.10,000/-, in default whereof, he shall suffer S.I for three months more. Benefit of section 382-B,…

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