Law:

Section:

Penal Code (XLV of 1860)--S. 392---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to examine the contention that the identity of the accused as the participant in the occurrence could not be said to have been established beyond doubt in view of the evidence available on record. ORDER SAAD SAOOD JAN, J: --The petitioner alongwith two others was tried by the Special Court for Speedy Trials, Lahore, on a charge under section 392, read with section 397, Pakistan Penal Code. The learned trial Court acquitted the co-accused but convicted the petitioner on the said charge and sentenced him to suffer rigorous imprisonment of a period of eight years. In addition he was also asked to pay fine. He filed an appeal against his conviction and sentence in the High Court. A learned Division Bench in the High Court modified his conviction to one under section 392 alone and reduced the substantive sentence of imprisonment to one for a period of five years. He seeks leave to appeal from this Court. 2 The allegations against the petitioner were that he together with the co-accused robbed on the point of a dagger Malik Mushtaq Ahmad (P.W.2) of a sum of Rs.50,275 as the latter was standing at the bus-stand in order to catch a bus for Sharaqpur. Immediately after the occurrence the petitioner was stated to have run away with the money. The occurrence was reported at Police Station Mandi Fiazabad on the same evening by him at 6-50 p.m. 3. The petitioner pleaded not guilty to the charges against…

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