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ALI KHAN vs State Ss — 2022 YLR 1946 FEDERAL-SHARIAT-COURT

Case information

Citation
2022 YLR 1946 FEDERAL-SHARIAT-COURT
Court
Federal Shariat Court
Year
2022
Reporter
YLR
Parties
ALI KHAN vs State Ss
Subject matter
Criminal
Provisions referred to
S. 17

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

ALI KHAN VS State Ss. 452 & 506(2)---Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(3)---House trespass, criminal intimidation, haraabah---appreciation of evidence---Benefit of doubt--- Night time occurrence---Source of light---Scope---accused were charged for committing robbery after entering into the house of complainant---Complainant had stated in FIR, that they had identified and seen the nominated accused and three unidentified accused on the light of bulbs but in evidence no one among the witnesses including the complainant had shown any source of light on which they had seen and identified the accused---Mashirnama of place of incident did not show the availability of any electricity bulb at the place of incident---Moreover, the complainant in his FIR had not given any description or marks of identification of the unidentified accused i.e. their structure or their physique or colour etc.---In absence of such material description or marks of identification of the accused persons, who were not named in the FIR, no reliance could be placed on the statements of said witnesses--- Circumstances established that the prosecution had miserably failed to prove its case against the accused persons beyond a reasonable doubt---appeal was allowed and accused were acquitted by setting aside convictions and sentences recorded by the Trial Court.

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