Law:

Section:

Offences Against Property (Enforcement of Hudood) Ordinance, 1979 (VI of 1979)-- ----S. 20--Pakistan Penal Code, (XLV of 1860), S. 392--Conviction and sentence recorded against accused--Challenge to--Plea of alibi--Plea raised by accused that he was admitted in the Civil Hospital stood rebutted by his own documentary evidence which was in respect of out door patients, it is undated and merely stated that accused was advised rest--Held: Plea of alibi raised by the appellant was untenable and rejected. Judgment The appellants are aggrieved by the judgment dated 28.2.2004 passed by the Additional Sessions Judge, Punjgur, whereby both the appellants were convicted and sentenced under Section 20 of Offences Against Property (Enforcement of Hudood) Ordinance, 1979 read with Section 392 PPC for 10 years R.I. with fine of Rs. 75,000/- each in default thereof accused persons shall suffer S.I. for one year each with benefit of Section 382-B, Cr.P.C. 2. Briefly the facts as stated in the impugned judgment are that the complainant Mehrdil a shopkeeper lodged an FIR on 18.2.2001 alleging therein that Muhammad Akram, Sajjad and an other person whose faces were muffled came to his shop situated at `Duznap' at about Maghrib time and demanded money otherwise face dire consequences. On his refusal accused Muhammad Akram who is appellant herein fired at him which hit his right hand which injured him. His brother Murad Bakhsh was present at that time. He tried to catch hold of the appellant Muhammad Akram but the accused persons fled away from the scene on their motorcycle. 3. A case under Section 17(2) of Offences Against Property (Enforcement of Hudood) Ordinance, 1979 was registered. During the course of investigation, two accused Sajjad and Maula Bakhsh were arrested by the Police while remaining accused persons remained absconding. At the commencement of trial, charge was framed and read over to the accused persons in `Balochi language' to which they pleaded not guilty and claimed trial. 4. The prosecution produced as many as five witnesses. PW.1 Murad Bakhsh and PW.3 Mehrdil are witnesses of the incident in question, whereas no where PW.1 Murad Bakhsh in his deposition had…

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