Law: Pakistan Penal Code, 1860

Section: 302(b),392

(a) Penal Code (XLV of 1860)--- ----S. 392---Robbery---Reappraisal of evidence---Complainant in his cross-examination candidly stated that he had not seen the accused snatching motorcycle and other articles from the witnesses---Prosecution case was that during chase, the accused concealed the cash under certain trees of a garden, which was subsequently recovered at his instance---However, this seemed to be impossible because when the people were chasing him, it was not possible for the accused to dig a hole and conceal the amount therein---Nothing was available on record to suggest whether the mobile phone, allegedly snatched by the accused, was recovered from him---No identification of said looted articles was established from the record to meet the legal requirements, hence, it could not be considered sufficient to connect the accused with the commission of the crime to the extent of robbery---When the accused was apprehended, he was not on or with a motorcycle, therefore, it can safely be said that recovery of motorcycle could not be used against him---Prosecution could not produce reliable evidence to sustain conviction of the accused for robbery under section 392, P.P.C.---Petition for leave to appeal was converted into appeal and partly allowed and conviction and sentence of accused for robbery was set-aside. (b) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd---Reappraisal of evidence---Complainant/ prosecution witness was subjected to lengthy cross-examination by the defence but nothing favourable to the accused or adverse to the prosecution could be brought on record---Said witness remained consistent on each and every material point, therefore, it could safely be concluded that his evidence was reliable, straightforward and confidence inspiring---Medical evidence was in line with the prosecution story---Accused could not point out any reason as to why the complainant had falsely involved him in the present case and let off the real culprit, who had committed murder of his real brother especially when the accused was apprehended at the spot after a chase of co-villagers---High Court while taking into consideration the fact that the accused only…

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