Law:

Section:

Offence of Against Property (Enforcement of Hudood) Ordinance, 1979 (VI of 1979)-- ----Ss. 20 & 24--Pakistan Penal Code, (XLV of 1860), Ss. 391 & 395--Conviction and sentence recorded against accused--Challenge to--Corroborative evidence--Created serious doubt--Number of loop holes on the face of it and creates serious doubts to their credibility--According to them, "vardat" had taken place at night--All accused persons, including appellants, were masked and armed--They stopped Tractor on point of gun and snatched away its key and four of them took away Tractor--Not believable is, firstly; how PWs could have scuffled with seven armed perosns--Secondly, how these two unarmed persons could have overpowered seven armed dacoits so as to render them unmarked, while receiving no injuries at all--Thirdly, at night time in a rural area, how could they see so clearly and for so long so as to recognise appellant after about two years of vardat--No identification parade of accused--Appeal allowed. [P. 39] A Judgment Haziqul Khairi, Chief Justice.--In this appeal under Section 24 Offences Against Property. (Enforcement of Hudood) Ordinance, 1979 the appellant Muhammad Raheem has impugned the judgement dated 14.4.2005 passed by Additional Sessions Judge Naseerabad at Dera Murad Jamali, Quetta where the appellant has been convicted under Section 20 Offence Against Property (Enforcement of Hudood) Ordinance, 1997 read with Sections 391/395 to suffer R.I. for four years and fine of Rs. 500/- or in default thereof to further S.I. for two months. 2. Briefly stated, the complainant, Daim Khan son of Haji Sher Dil Nichari lodged an FIR No. 100/2002 on 24.11.2002 at the then Levies Thana Dera Murad Jamali that he owned a red coloured Messy Ferguson Tractor Model 2000 Registration No. SAE. 8496 run by his driver. Yar Muhammad son of Lal Bakhsh Nichari. A night before, the driver alongwith his companion Jaffer Khan Nichari took the Tractor of the complainant from Goth Sher Dil Nichari to the Dera, On their way back at about 10:30 p.m. seven unknown persons beat up his driver and snatched the Tractor from him at the distance of one kilometre from the Goth Sher Dil Nichari.…

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