Law: Criminal Procedure Code (V of 1898)

Section: 410

Law: Customs Act, 1969

Section: 156(8), (89)

Criminal Procedure Code (V of 1898)  S. 410 read with Customs Act (1V of 1969), S. 156 (8) & (89)-Appeal (criminal) - Evidence, appreciation of-Benefit of doubt-Name of accused although mentioned in relevant column of F. I. R. yet accused attributed no act nor any part assigned to them in commission of offence in body of report and even their names finding no mention at all in mashirnama-Contention that contraband goods located lying on open ground unattended and subsequently accused involved-Contention, held, to have force-- No other evidence corroborating testimony of complainant that accused had anything to do with possession of smuggled goods---Testimony of complainant alone, held, wholly insufficient to sustain conviction-Accused given benefit of doubt and acquitted in circumstances.-[Evidence-Benefit of doubt]. Akbar Ali v. State P L D 1978 Pesh. 10 ref.                                                                                                                                         JUDGMENT The present two appellants were tried alongwith 7 others for offences under section 156 clauses (8) & (89) of the Customs Act, 1969 by the learned Special Judge (Customs & Taxation), Karachi, by Judgment dated 25th August, 1976 the present appellants were convicted under clause (8) of section 156 (1) while the remaining accused were acquitted. The present appellants were sentenced each to undergo R. I. for one year and to pay a fine of Rs. 1.000 or in default suffer further R. I. for 12 months. The appellants seek to challenge their convictions and sentences by the present appeal. 2. The case of the prosecution in brief is that on 23rd November. 1974 Capt. Mohammad Yaqoob of the Pakistan Coast Guards posted as Company Commander at Pakistan Coast Guards Post at Gharo received information from the Headquarters at…