Law: Pakistan Penal Code, 1860

Section: 392

Law: Criminal Procedure Code (V of 1898)

Section: 342,382B

Penal Code (XLV of 1860)--- ----S. 392---Robbery---Appreciation of evidence---F.I.R. was lodged immediately after the incident by the complainant---Ages as well as physical features of both the accused persons were given in the---F.I.R.---Though private witnesses had not been associated in the case, but outrightly, the evidence of the Police witnesses could not be discarded only on the ground that they were Police Officials, unless strong reasons were available to believe that they might have falsely involved the accused persons---Eye-witness and the victim had picked both accused persons out of fifteen persons in identification parade---Complainant as well as his son and other witnesses were put to lengthy cross-examinations, but nothing favourable to the defence came out of them---No reason was available to believe that complainant's son might have involved accused persons falsely at the instance of Police, as neither the Police personnel nor the complainant party had any grudge against accused persons---Snatched articles were also recovered on the pointation of accused from the possession of accused---Trial Judge had fully discussed the evidence on record as well as the defence plea taken by accused persons; and had given cogent reasons for arriving to the conclusion that accused were found guilty---Accused persons in their statements under S.342, Cr.P.C. had merely denied the allegations and had stated that they had been falsely involved in the case---Accused did not even examine themselves on the oath in their defence---Prosecution had fully proved the charge against accused persons---Minor contradictions and irregularities, if any, in the case, would not help accused persons---Interference in the findings of the Trial Court were declined by Federal Shariat Court. Sabir Ali alias Fauji v. The State 2011 SCMR 563; Ghulam Rasul and 3 others v The State 1988 SCMR 557; Ejaz Ali v. The State 2008 PCr.LJ (F.S.C) 1012; Bacha Zeb and Ghulam Jan v. The State 2010 SCMR 1189 and Tahir Hussain v. The State 2010 YLR 140 ref. THIS JUDGMENT DELIVERED BY: AGHA RAFIQ AHMED KHAN, C.J.--- Appellants Muhammad Qaisar son of Manzoor and Gul Nawaz alias Goshi son of Muhammad…

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