Law:

Section:

Offences Against Property - (Enforcement of Hudood) Ordinance (VI of 1979)--S. 17(4)---Constitution of Pakistan (1973), Art. 203-F(2B)---Appeal against acquittal---Appraisal of evidence by Federal Shariat Court did not suffer from any misreading or non-reading of the material on record, nor the conclusions recorded were based on conjectures or surmises---Description of accused was neither given in the F.I.R. nor at the trial---Identification of accused in the night time occurrence in motor-cycle light which was over within one or two minutes, was not possible---Sale of the motorcycle by the accused to a prosecution witness was not established---Acquittal of accused by Federal Shariat Court warranted no interference---Leave to appeal was refused by Supreme Court accordingly. Waheed-ud-Din Virk, Senior Advocate and Syed Inayat Hussain, Advocate-on-Record (absent) for Petitioner. Nemo for Respondents. Date of hearing: 12th March, 1998. ORDER KHALIL-UR-REHMAN KHAN, J.---Jamshaid Ali Khan/complainant seeks leave to appeal against the judgment dated 31-10-1993 of the Federal Shariat Court whereby respondents Nos. l and 2/accused were acquitted and the judgment dated 16-3-1993 of the learned Additional Sessions Judge, Pakpattan Sharif awarding sentence of death to the respondents Nos. l and 2 under section 17(4) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 (Ordinance VI of 1979) was set aside. 2., The prosecution at the trial produced 21 witnesses and it relied upon ocular account of the occurrence given by Jamshaid Ali Khan P. W-2 and Iftikhar Ahmad Khan P.W.11, identification of the accused, recoveries, evidence of purchase of Motorcycle by Abdul Sattar P.W-15 from the accused and the medical evidence. Learned trial Court relied upon the testimony of Jamshaid Ali Khan P. W-2 and Iftikhar Ahmad Khan P. W-11 as to the main occurrence as well as the evidence of identification of Respondents/accused. The recovery of Pistol was held to be of no value as it did not provide corroboration to the prosecution ,story as no empty was recovered. However, other recoveries of photostsat copy of National Identity Card of deceased, and handkerchief were…

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