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---Recovery of robbed articles--- Reliance--- Scope--- accused were charged for committing robbery after entering into the house of complainant---Record showed that one pair of neelum, one pair of ear rings, one ladies gold ring, one ladies watch, one gents watch and one mobile phone China were recovered on the pointation of accused persons---Such recovery having not been proved was of no help to the prosecution---as per record, accused was allegedly arrested and he remained in police custody and the alleged recovery was shown to have been made after 05 days of arrest of the accused---alleged place of recovery being open and public place was also accessible to everyone---Moreover, the alleged recovered property was not sealed at the spot and mashirnama thereof was prepared at the police station and it was not written in presence of the mashirs as was evident from the evidence of mashir---Descriptions and marks of identification and or weight of the alleged recovered ornaments of gold were not shown---Even the identification test thereof was not made---Recovered articles having been already returned to their owner, were not produced in the Trial Court at the time of recording evidence of the witnesses as was evident from the statement of second Investigating Officer---Statement of accused under S.342, Cr.P.C., depicted that the alleged recovery of ornaments of gold, two wrist watches and mobile phones etc. was not put to accused to extract his explanation, which could not be used against him---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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