Law: Penal Code (XLV of 1860)

Section: 392

Penal Code (XLV of 1860)--- ----S. 392---Appreciation of evidence---Benefit of doubt---Trial Court had not given any finding in its judgment on the basic ingredients of robbery as provided by S.390, P.P.C.---Complainant had neither in his statement before the police at the time of recording the crime report, nor even at the time of deposing before the Trial Court either alleged element of restraint, fear of death or instant hurt against the accused---Robbed cycle, gas cylinder and currency, recovered by the police, were not produced in the Court and were not identified by the complainant---Even complainant had not substantiated his claim of ownership of the robbed cycle either by a purchase receipt or through producing as witness the shopkeeper who had sold the cycle to him---Element of theft itself being doubtful and the element of force, restraint or fear of injury being not available on record, impugned judgment could not be safely relied upon---Evidence of both the victims of alleged robbery was contradictory and destructive to the prosecution case---Prosecution case was replete with doubts and accused were acquitted on benefit of doubt accordingly. JUDGMENT SYED AFZAL HAIDER, J.---This appeal is directed against, the judgment, dated 21-8-2007 passed by Mr. Shafique Ahmad Tanoli, Additional Sessions Judge-IV, Mardan through which all the three appellants namely Saeed alias Guldang, Abid Ali and Latif have been convicted under section 392 of Pakistan Penal Code and sentenced to four years rigorous imprisonment each in addition to a fine of Rs.10,000 each. In default of payment of fine, the appellants have to undergo two months further simple imprisonment. Benefit of section 382-B of the Code of Criminal Procedure was also granted to the appellants. 2. Brief facts of the case as give out in the F.I.R. No.241, dated 3-3-2004 registered with Police Station Hoti, District Mardan, are that on the same day at 10-30 hours the local police, while on mobile duty at Misri Abad, met complainant Shah Hussain son of Hussain Gul P.W.5 along with Altaf son of Khitab P.W.6 and Waqar, Councillor of Misri Abad. The complainant disclosed that on 2-3-2004, at evening time, they…

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