Law: Penal Code (XLV of 1860)

Section: 337D,397

Law: Qanun-e-Shahadat (10 of 1984)

Section: 22

(a) Penal Code (XLV of 1860)-----Ss. 397 & 337-D---Robbery or dacoity with attempt to cause death or grievous hurt, jaifah---Appreciation of evidence---Benefit of doubt---Accused were charged for causing injuries to the brother of complainant when he restricted them from depriving him from his wallet, cash and other documents---Admittedly, the names of accused persons did not find place under the FIR, nor even colour, character, height as well features of their bodies were given by the complainant---Complainant, as admitted by him before the Trial Court, was not accompanied by injured at the time of alleged offence and whatever he had deposed before the Trial Court was told to him by his injured brother---Though the FIR was delayed for about three days, yet no one was nominated in the FIR---Per available evidence, the accused persons were arrested by the police and at the time of their arrest nothing incriminating was secured from their possession, nor was produced by them during investigation except an offensive weapon from accused---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond any shadow of reasonable doubt---Appeal against conviction was allowed, in circumstances. Kashif Ali and another v. The State 2019 YLR 1573; Ghulam Akbar v. Muhammad Akbar, Director, P.I.D.C., Karachi and 3 others 1969 PCr.LJ 755 and Babar Khan v. The State 2016 SD 691(i) Lahore ref. (b) Penal Code (XLV of 1860)--- ----Ss. 397 & 337-D---Qanun-e-Shahadat (10 of 1984), Art. 22---Robbery or dacoity with attempt to cause death or grievous hurt, jaifah--- Appreciation of evidence--- Benefit of doubt--- Test identification parade---Infirmities---Accused were charged for causing injuries to the brother of complainant when he restricted them from depriving him from his wallet, cash and other documents---Accused persons were subjected to identification parade with delay of about eleven days of their arrest---Not only the identification parade was conducted by not adopting the guidelines of Supreme Court but even where any witness picked out an accused from dummies line or crowd, even that did not prove that the accused,…

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