Law:

Section:

Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979)--S. 17(3)---Constitution of Pakistan (1973), Art.203F(2B)---Leave to appeal was granted to accused to consider as to what was the evidence in the case which led the police for the arrest of the accused, whether the recoveries of the articles of general nature had any nexus with the commission of the offence when the identification parade was arranged after about 15 days of the arrest of the accused with ample opportunity of his having been seen by the complainant and other witnesses and whether the conviction based on such evidence was in consonance with the well-established principles of administration of criminal justice. Sardar Muhammad Ishaq Khan, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. Nemo for the State. Date of hearing: 12th March, 1997. ORDER FAZAL ILAHI KHAN, J.---This is petition for leave to appeal against the judgment of learned Federal Shariat Court, dated 4-1-1996 whereby Criminal Appeal No.67-Q of 1994 against the judgment of learned Sessions Judge, Quetta, dated 31-10-1994, whereby the petitioner was convicted under section 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 and sentenced to 10 years' R.I. and whipping 30 stripes, was dismissed. 2. Abdul Ghaffar, Manager Allied Bank of Pakistan on 11-10-1993 lodged a written report before the police that at about 5-20 p.m. a person by appearance a Frontier Pathan having concealed his face with a brown colour handkerchief armed with TT Pistol in his hand entered the bank and ordered the complainant to get up. In the meantime another person Pathan by appearance with a white turban on his head followed him. The latter at pistol point ordered the complainant not to raise alarm and locked up him in the bath-room alongwith Accountant and Naib Qasid of the bank. A third person with a blue plastic bag picked up Rs.4,73,275 and 20 prize bonds of Rs.100 each from the counter. In the meantime a customer namely Ishfaq entered the bank who too was hault up and locked with us. All the three accused in-between themselves were talking in Waziri Pashto. That the accused…

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