Law: Penal Code (XLV of 1860)

Section: 395,412,400&413

Penal Code (XLV of 1860)--0--Ss.395, 412, 400 413---Dacoity, dishonestly receiving stolen property knowing that it was obtained by dacoity, belonging to a gang of persons associated for the purpose of habitually committing dacoity, habitually dealing in stolen property---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Prosecution case was that the accused armed with deadly weapons entered in the house, made the complainant and his family hostage and on gun point robbed gold ornaments, cash amount, and mobile from the house of complainant---Record showed that there was no other evidence available against the accused persons except their confession before the police and joint recovery of Rs.30,000/=---Accused were not named in the FIR, no identification parade of the accused-respondents had been conducted, there was no evidence/report of matching the finger prints etc. of the accused-respondents---Practice of recording extra judicial confession in presence of police officers was nullity in the eye of law and no credence could be extended to such piece of evidence---Joint recoveries effected at the instance of accused were inconsequential---Scope of setting aside the benefit of acquittal from the court of competent jurisdiction was very much limited---Neither any incriminating, legal and cogent evidence was collected by the police against the accused-respondents nor produced in the Trial Court---Accused-respondents, therefore, were rightly acquitted by the Trial Court---Appeal was dismissed accordingly. Saeed Ahmad v. The State and others 2011 SCMR 1686; Muhammad Ismail and others v. The State 2017 SCMR 898; Sajjan Solangi v. The State 2019 SCMR 872; Gul Muhammad and another v. The State through Prosecutor General Balochistan 2021 SCMR 381; Muhammad Mushtaq v. Mustansar Hussain and others 2016 SCMR 2123; Shabbir Ahmed v. The State 2011 SCMR 1142; Ghulam Akbar and another v. The State 2008 SCMR 1064; Sajjad Bhatti and others v. The State 2017 PCr.L.J 114; Raheel Anwar and another v. The State and others 2019 YLR 1385; The State through P.G. Sindh and others v. Ahmed Omer Sheikh and others 2021 SCMR 873 and Zeeshan alias Shani and another v.…

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