Law: Pakistan Penal Code, 1860

Section: 395

Law: Criminal Procedure Code (V of 1898)

Section: 340(2),342,382

Penal Code (XLV of 1860)--- ----S. 395---Appreciation of evidence---Benefit of doubt---Complainant and other witnesses had not disclosed the names, features and descriptions of accused---Accused were put to identification parade with unexplained delay of 10 days which had created serious doubt in prosecution case---Record revealed that before holding of identification parade, accused was shown to the witnesses---Identification parade, in circumstances, had become doubtful and lost its credibility---Prosecution had not produced the complainant at the time of identification parade to identify accused---Complainant, in his evidence, had deposed that he could not say whether accused present in the court was the same or not---Prosecution witness in his evidence had not specifically pointed out accused with his specific role at the time of identification parade---Prosecution had failed to prove evidence against accused and it was very difficult to say that accused was the same person who along with the other co-accused had committed the offence---View which was favourable to accused, could certainly be found by appreciating the prosecution case in its proper perspective---View to give benefit of doubt to accused was asserted in the safe administration of criminal justice---Accused voluntarily led the Police party to his house and produced the robbed cash before them, however it had not come in the evidence, whether the house from where accused produced the cash was in exclusive possession of accused---Not a single witness had identified accused in the identification parade---Prosecution had not been able to prove evidence against accused beyond reasonable doubt---Even the slightest possible doubt in the case of prosecution must go in favour of accused--Trial Court was not justified in not giving the benefit of doubt to accused, while on the basis of the same evidence, co-accused was acquitted---Prosecution having failed to prove the charge against accused, sentence passed against him was set aside. THIS JUDGMENT DELIVERED BY: MAQBOOL AHMED AWAN, J.- This appeal involves. The appeal is directed against the judgment dated 15-3-2008, passed by the learned III-Additional…

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