Law: Penal Code (XLV of 1860)

Section: 392

Penal Code (XLV of 1860)---.--- ---.---S. 392---.---Robbery---.---Appreciation of evidence---.---Occurrence was reported to police on the same day and F.I.R. was registered against unknown persons---.---Complainant asserted that he could recognize two of the assailants---.---Accused was arrested after a year and a half of the occurrence on the pointation of the complainant---.---Accused contended that no identification parade was held after his arrest---.---Validity---.---Accused was arrested on the pointation of complainant, so there was no need of holding identification parade to identify the accused who had failed to point out any specific piece of evidence which was not considered by the Trial Court---.---Three eye-witnesses had identified the accused as one of the culprits---.---Trial Court had properly appreciated the evidence and committed no illegality or irregularity---.---Appeal was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: MRS. SYEDA TAHIRA SAFDAR, JUSTICE:---.--- The appellant being aggrieved of his conviction made through order dated 8-10-2009 by Additional Sessions Judge-II, Quetta, whereby he has been sentenced to suffer rigorous imprisonment for a period of seven years with fine of Rs.10,000/-, in default thereof to further undergo six months simple imprisonment, for offence punishable under section 392 PPC. He preferred instant appeal on grounds that he has committed no offence, rather initially the FIR was lodged against unknown persons, while after one and. a half years he was arrested on 16-1-2009 on pointation made by the complainant, but no identification parade was held. Further, a culprit of the same name was killed by police in an encounter on 17-3-2009. Furthermore, the trial court erred in law while admitting inadmissible evidence. Furthermore, there is misreading, non-reading and misappreciation of evidence by the trial court. The contradictions arises in the evidence are not considered, nor benefit of doubt arisen thereon, were given in his favour. He prayed for setting aside of impugned judgment and his acquittal of the charge. The perusal of record reveals that FIR No. 185 of 2007 Police Station Satellite Town Quetta…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492