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

Case information

Citation: 2021 YLR 2366 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: YLR
Parties: REHMATULLAH vs State S
Subject matter: Criminal
Provisions referred to: S. 394---V

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

REHMATULLAH VS State S. 394---Voluntarily causing hurt in committing robbery---Appreciation of evidence--- Benefit of doubt---Contradictions in the statements of witnesses---Scope---Accused was charged for taking away the motorbike of the complainant forcibly after tiding his hands and feet with rope and due to resistance of the complainant, his right hand was injured, however accused was apprehended---Recovery witness of the knife stated that he reached the place of occurrence along with the Investigation Officer and recovered the knife from the accused/appellant---Said witness stated during cross-examination that they reached the place of occurrence at 1:10 pm and remained there for fifteen minutes---Witness further stated during cross-examination that they took the accused and reached the Levies Thana at 2:10 pm.---On the other hand, the Investigating Officer stated that the investigation was handed over to him at 2:00 p.m. and he reached the place of occurrence at 2:30 p.m., complainant and other levies officials were present at the spot---Alleged occurrence took place at 1:00 p.m. and the FIR was registered on the same date at 1:50 p.m.---Said contradictory statement of both the said witnesses with regard to the time of lodging FIR casted reasonable doubt in the prosecution case and it had not come on record as to how and who recorded the statement of the complainant and whether the statement was recorded on the spot or the levies thana---Circum-stances established that the prosecution had failed to prove its case against accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances.

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