Law: Penal Code (XLV of 1860)

Section: 381-A,411&34

Penal Code (XLV of 1860)--- ----Ss.381-A, 411 34---Qanun-e-Shahadat (10 of 1984), Art. 164---Theft of a car or other motor vehicles---Dishonestly receiving stolen property---Common intention---Appreciation of evidence---Production of CCTV footage---Scope---Accused persons were alleged to have stolen a car of the complainant---No ocular account of theft of the motor vehicle was available, however, during investigation the police authorities had obtained a copy of the CCTV footage in which the accused persons were seen stealing the vehicle---On the basis of identification of accused persons from CCTV footage, spy information was obtained and on the referred pointation the accused persons were arrested and they had led to the recovery of stolen vehicle---Person who had prepared the CCTV footage had appeared before the court and had categorically deposed that he had shown the CCTV footage to the Investigating Officer and had also made a copy of the same---No dent was caused upon his testimony by the defence during the course of cross examination---Attempts were made to cast doubt on the credentials of the said witness to the effect that he was not an expert and his opinion was immaterial---Said witness had not appeared as an expert but had only made copy of CCTV footage/record in USB and hence was a maker of the said document---Accused persons had also led to the recovery of the stolen vehicle which was identified by the complainant---Prosecution had proved its case against the accused persons beyond reasonable doubt, in circumstances---Appeal against conviction was dismissed, in circumstances. Sher Zaman v. The State 2007 YLR 3160; Collector of Customs and another v. Saeed ur Rahman and others PLD 1989 SC 249; Government of Sindh through Advocate-General, Sindh v. Fahad Naseem and 3 others 2002 PCr.LJ 1765 and Shahid Zafar and others v. The State 2015 PCr.LJ 628 ref. Asfandyar and another v. Kamran and another 2016 SCMR 2084 rel. JUDGMENT AAMER FAROOQ, JUSTICE:---.--- The appellants namely Muneer Khan and Said-ul-Islam were tried in case FIR No. 186 dated 21.08.2019 under Sections 381-A, 411 and 34, P.P.C., Police Station, Noon, Islamabad and were convicted and…

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