Case Details

Citation(s)
1994 SLG 815 1994 SLD 815 1994 SCMR 1466
Supreme Appellate Court, Pakistan
Criminal Appeal No. 74/SAC/L of 1992, decision dated: 19-02-1994
JUSTICE MUHAMMAD RAFIQ TARAR, CHAIRMAN, JUSTICES RAJA AFRASIAB KHAN AND SH. MUHAMMAD ZUBAIR, MEMBERS
Masood Malik, Advocate Supreme Court for the Complainant.

MUHAMMAD ASHRAF alias ACHHU and others

THE STATE

Law:

Section:

Offences Against ~ Property (Enforcement of Hudood) Ordinance (VI of 1979)--S. 17(3)---Penal Code (XLV of 1860), S.337-F(vi)/34---Appreciation of evidence ---F.I.R. giving all the details including the names of the culprit, the weapons used by them and manner of commission of robbery, had been lodged without gaining any time for deliberation---Ocular evidence furnished by independent and disinterested witnesses having no motive for false implication which alone form a sound basis for conviction was further corroborated by incriminating recoveries from the accused---Conviction and sentence of amputation of right hand from the wrist and left leg from the ankle imposed by Trial Court on the accused were confirmed in circumstances. JUDGMENT JUSTICE MUHAMMAD RAFIQ TARAR (CHAIRMAN)--­Muhammad Ashraf alias Achhu, Khalid Javaid and War Ali appellants were tried by the learned Special Court for Speedy Trials No. II, Lahore on the allegation that on 14-3-1992 at about 11-00 a.m. they committed the offence of Haraba by forcibly snatching Rs.40,000 in cash and a licensed pistol from Zahid Mahmood and while committing the said offence caused simple and grievous injuries to Zahid Mahmood P.W. Alternatively they were charged for the offence under section 394 read with section 397/34 of the P.P.C. They were further charged under section 337-D/34 of the P.P.C. for causing hurt to Zahid Mahmood P.W. By judgment dated 11-11-1992 they were convicted under section 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 read with section 34 of the P.P.C. and each of them punished with amputation of right hand from the wrist and left leg from the ankle subject to confirmation by this Court. They were further convicted under section 337-F(vi)/34 of the P.P.C. and ordered to pay Rs.20,000 each as Daman and suffer R.I. for seven years each. The entire amount of Daman was ordered to be paid to Zahid Mahmood P.W. The convicts have appealed. 2. The brief facts of the prosecution case are that on 14-3-1992, Zahid Mahmood P.W. was present at his house with Muhammad Sarwar Bhatti P.W. who had come to see him. Zahid Mahmood had to pay Rs.40,000 to Rana Muhammad Akram. He…
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