GUL NAZIR vs RIASAT alias SAEEN Ss — 2022 MLD 13 ISLAMABAD

Case information

Citation: 2022 MLD 13 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: MLD
Parties: GUL NAZIR vs RIASAT alias SAEEN Ss
Subject matter: Criminal

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

GUL NAZIR VS RIASAT alias SAEEN Ss.395, 412, 400 & 413---Dacoity, dishonestly receiving stolen property knowing that it was obtained by dacoity, belonging to a gang of persons associated for the purpose of habitually committing dacoity, habitually dealing in stolen property---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Prosecution case was that the accused armed with deadly weapons entered in the house, made the complainant and his family hostage and on gun point robbed gold ornaments, cash amount, and mobile from the house of complainant---Record showed that there was no other evidence available against the accused persons except their confession before the police and joint recovery of Rs.30,000/=---Accused were not named in the FIR, no identification parade of the accused-respondents had been conducted, there was no evidence/report of matching the finger prints etc. of the accused-respondents---Practice of recording extra judicial confession in presence of police officers was nullity in the eye of law and no credence could be extended to such piece of evidence---Joint recoveries effected at the instance of accused were inconsequential---Scope of setting aside the benefit of acquittal from the court of competent jurisdiction was very much limited---Neither any incriminating, legal and cogent evidence was collected by the police against the accused-respondents nor produced in the Trial Court---Accused-respondents, therefore, were rightly acquitted by the Trial Court---Appeal was dismissed accordingly.

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