FAROOQ vs State Ss — 2022 PCrLJN 49 KARACHI-HIGH-COURT-SINDH

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FAROOQ VS State Ss. 392, 397 & 34---Robbery, robbery or dacoity with attempt to cause death or grievous hurt, common intention---Appreciation of evidence---Benefit of doubt---Scope---Accused were charged for looting the valuable articles from complainant and his brother-in-law on pistol point---Prosecution evidence was consisting of only three witnesses, complainant, recovery witness and Investigating Officer of the case---Complainant had categorically admitted that on his shouting 7/8 security guards had gathered at the spot---Complainant also admitted that Islami Kanta was situated near the spot and that place of incident was situated in a thickly populated area and people passed from there and there was traffic---Complainant also admitted that police did not associate any one of the persons gathered at the place of incident as witness---Investigating Officer also did not associate any such person---Likewise, recovery witness, who allegedly effected arrest of the accused and also recovered offensive weapon from accused also admitted in his evidence that he did not associate any independent person to act as mashir---No plausible explanation had come forward from prosecution side that despite the fact that private and independent persons were available at the spot at the time of alleged incident, as to why the police did not associate any of such persons to act as witness and/or mashir---Such conduct of the police was violative of the provisions of Art. 129(g) of the Qanun-e-Shahadat, 1984 as well as S. 103, Cr.P.C.---Circumstances established that the prosecution had not succeeded in discharging obligation on its part---Appeal against conviction was allowed, in circumstances.

FAROOQ vs State Ss — 2022 PCrLJN 49 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported