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

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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--- Contradictions in the statements of witnesses--- Scope---accused were charged for committing robbery after entering into the house of complainant---Complainant had claimed that he had identified accused before the police but Investigating Officer had stated that the complainant was not called at police station to identify accused---Son of complainant/witness had stated that he had accompanied his father for lodging the FIR, whereas brother of complainant/witness had stated that they went to police station with complainant (for lodging FIR), but the complainant did not state about the accompanying of either his son or his brother to the police station at the time of lodging the FIR---Police Officials had stated that the complainant alone came at the police station for lodging of the FIR---Complainant had stated that he, his son and his brother including 6/7 womenfolk were present in the house (at the time of incident)---Likewise son of complainant had stated that about 6/7 womenfolk along with 3/4 children were present in the house at the time of incident and he further went on to say that the son of brother of complainant aged about 18 years was also present in the house at the time of incident---Brother of complainant did not speak about availability of womenfolk, but he had admitted that his son was present in the house at the time of incident, who had not been cited as witness in the case---However, no one among the women and son of brother of complainant was either examined by the prosecution or was cited as witness, which also adversely reflected upon the prosecution case---Complainant had stated that their house was consisted of 4/5 rooms, while son of complainant had stated that their house was consisted of 03 rooms with one veranda---Brother of complainant/witness had stated that there were 03 rooms built on the ground floor in their house---Complainant had stated that accused persons were not known him previously while his son and brother had stated that accused persons were already known to them, but they did not state about the identity of three other accused---Circumstances established that the prosecution had 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.

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

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