Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 324, 392 & 394---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3)---Criminal Procedure Code (V of 1898), Ss.236 & 237---Attempt to commit qatl-e-amd, robbery, Haraabah---Appreciation of evidence---Benefit of doubt---Only two witnesses were examined by the prosecution regarding the robbery from the complainant side and injury received by prosecution witness---Prosecution had not effected recovery of the robbery amount from accused, nor crime weapon was recovered from him---No identification parade was held after arrest, though it was essential to prove the prosecution case---When neither the name of culprit nor any description or features had been disclosed in the alleged F.I.R., then it was essential for the prosecution to prove its case to put the arrested accused in identification parade---In the present case, the prosecution had not explained regarding the identification parade of accused before any Magistrate to identify through complainant and injured prosecution witness---Mere identification of accused before the Trial Court during trial, was not required for conviction of accused, without corroborative piece of evidence---Record revealed that the name of accused firstly appeared in the challan sheet without any source of information as to who disclosed the name of accused or what were the material available to the Investigating Officer to connect accused to the commission of offence---Trial Court acquitted accused persons from whom robbed property was recovered by giving them benefit of doubt and convicted the accused on the same set of evidence---Complainant and prosecution witness had only seen and identified accused during the recording of their evidence in the Trial Court---Such identification created doubt and defect in the prosecution case and such benefit would go to accused---Prosecution had failed to prove its case beyond any shadow of reasonable doubt---Trial Court had not considered the evidence produced by the prosecution minutely and without going into the spirit of law mentioned in S.237, Cr.P.C., only converted the offence under S.17(3) of Offences Against…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492