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; S. 103---; S. 103; Criminal Procedure Code (V of 1898)

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)---Criminal Procedure Code (V of 1898), S. 103--- House trespass, criminal intimidation, haraabah---appreciation of evidence---Benefit of doubt---Non-association of private witnesses at the time of recovery proceedings---Effect---accused were charged for committing robbery after entering into the house of complainant---Place wherefrom the alleged recovery of ornaments of gold, watches and mobile was shown to have been made was located in heart of City, where besides the University's employees, the security personnel always remained available, but no effort was shown to have been made by the police to associate any independent person from the locality to witness the alleged recovery proceedings, which was violative of mandatory provisions of S.103, Cr.P.C.---For the official making searches, recovery and arrest, are required to associate private persons---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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