REHMATULLAH vs State S — 2021 YLR 2366 QUETTA-HIGH-COURT-BALOCHISTAN

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REHMATULLAH VS State S. 394---Voluntarily causing hurt in committing robbery---Appreciation of evidence---Benefit of doubt---Accused was charged for forcibly taking away the motorbike of the complainant after tiding his hands and feet with rope and due to resistance of the complainant, his right hand was injured, however accused was apprehended---When the complainant was subjected to cross-examination, he denied the suggestion that on the day of occurrence, he attempted to molest the accused---Record showed that the age of the accused was seventeen years, which was mentioned in the statement of the accused recorded under S.164, Cr.P.C. as well as in his statement recorded under S.340(2), Cr.P.C.---Investigating Officer stated during cross-examination that the accused filed an application for registration of the FIR against the complainant in respect of molesting him---Said witness further stated during cross-examination that he conducted an inquiry under S.157(2), Cr.P.C., however, he stated that the father of the accused did not produce any witness in the said inquiry---Witness further stated during cross-examination that the accused was a student---On the other hand, the record transpired that the age of the complainant was thirty six years---According to the medical certificate, the complainant received two injuries on his hand and there was slightly abrasion marks on his neck, meaning thereby that both the accused and the complainant scuffled with each other at the time of occurrence---Student of the age of 16/17 years could not tie the hands and feet of a person of the age of the complainant, i.e. 36 years---Complainant stated that he came struggling to the road and told the people that the accused was a thief and was trying to snatch his motorcycle---Complainant stated that people caught hold of the accused and informed the levies officials---Said fact did not appeal to a prudent mind as to how did the complainant come to the road and told the people about the occurrence, even though his hands and feet were tied and the accused would still wait the people and the levies officials to come and arrest him---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

REHMATULLAH vs State S — 2021 YLR 2366 QUETTA-HIGH-COURT-BALOCHISTAN

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