Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)- ----Ss. 324, 337-A(i), (ii) & (iii), 337-C, 337-E(i) & (vi)--Appreciation of evidence--Board-daylight occurrence--Benefit of doubt--Victim having sustained 38 injuries on his body, it was impossible that his father would have not intervened if he had been present at the spot to save his son from the hands of assailants--Conduct of complainant appeared to be unreasonable and unbelievable to a prudent mind--Alleged motive itself was not supported by evidence of complainant (father of the victim) and victim--Incident having taken place in broad-daylight in a Bazar, independent witnesses could be picked up by prosecution, but that had not been done in the case--Prosecution having failed to prove case against accused beyond any shadow of doubt, benefit of doubt was extended to accused--Sentence awarded to accused by the Trial Court, was set aside, in circumstances. 1998 SCMR 715 rel. Judgment Both these appeals are arising out of one judgment, therefore, both are decided jointly. This appeal is directed against the judgment dated 10-5-1997 passed by Additional Sessions Judge, Tharparkar in Sessions Case No. 5 of 1995, Crime No. 21 of 1995, registered at Police Station Mithi, under Sections 324, 337-A(i), (ii), 337-C, 337-E(i), (vi), P.P.C. whereby the appellant was convicted under Section 324, P.P.C. and sentenced to suffer R.I. for 7 (seven) years and to pay fine of Rs. 5,000, in default of payment he shall suffer further R.I. for 6 months and also convicted under Section 337-A(iii), P.P.C. and sentenced to suffer R.I. for 5 (five) years as a "Tazeer" and to pay Rs. 5,000 as a "Daman" to injured Nandlal, in default of payment, he shall suffer further R.I. for 6 months, both the sentences shall run concurrently. The allegations against the appellant are that the complainant Soomjee alongwith his son victim Nandlal on 13-4-1995 was present on the complainant's shop in Shahi Bazaar Mithi, the appellant on account of the prior dispute relating to non-payment of the salary compelled Nandlal for sodomy, who complained his father and removed the appellant from the service. The appellant threatened Nandlal for dire…

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