| Citation(s) |
|---|
| 2010 SLG 2571 = 2010 SLD 2571 = 2010 YLR 1716 |
Sindh High Court
Criminal Appeal Nos.81 of 2009, decided on 1st March, 2010.
Presented By: Shahid Anwar Bajwa, J
Mrs. Leela alias Kalpana Devi for Appellant.
Criminal Appeal Nos.81 of 2009, decided on 1st March, 2010.
Presented By: Shahid Anwar Bajwa, J
Mrs. Leela alias Kalpana Devi for Appellant.
ALI RAZA---Appellant
VERSUS
THE STATE---Respondent
Law:
Section:
Penal Code (XLV of 1860)--- ----S.411/34---Dishonestly receiving stolen property---Appreciation of evidence---Benefit of doubt---Stolen motorcycle was found to be in possession of accused during their encounter with police---Evidence of the two S.H.Os. qua the said encounter was highly contradictory on very material aspects---Despite alleged continuous firing for 5/7 minutes, no empty was recovered from the place of occurrence---Pistols allegedly recovered from the accused were not sent to Forensic Science Laboratory for examination---No independent person was examined as a prosecution witness, although a number of persons were available at the spot---Prosecution case was full of doubts, benefit of which had to go to accused---Accused were acquitted in circumstances. Mrs. Leela alias Kalpana Devi for Appellant. Azizul Haque Solangi, Assistant Advocate-General for the State. Date of hearing: 1st March, 2010. JUDGMENT SHAHID ANWAR BAJWA, J.--F.I. R. No.32/2008 was registered at Police Station Saddar Jacobabad, on 26-3-2008, for an offence alleged to have taken place on the same date. After F.I.R. was registered, the case was challaned and charge was framed on 8-7-2008. However, thereafter, on an application under section 227, Cr.P.C. the charge was amen ded. The amended charge reads as under:-- "That you on or about 26-3-2008, at about 10-00 a.m. one the cabin of complainant near Bollan Patrol Pump Jacobabad, duly armed with T.T. Pistols committed Harrabah by robbing the Motorcycle bearing No. SKL-1413 of red colour, Model 2005, Engine No.0109075, Chassis No.0157211, in working condition, valuing Rs.22000, from the complainant Shafi Muhammad Brohi on the show of force of weapons and the value of robbed property exceeds than the value of Nisab and thereby committed an offence punishable under section 17/3 offences Against Property (Enforcement of Hudood) Ordinance 1979 and within the cognizance of this Court; I further charge you that on the aforesaid date, time and place duly armed with TT Pistols in furtherance of your common intention attempted to commit murder of complainant by making fire upon him which he missed, with such intention and under such…