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Citation Name: 2023 PCrLJN 29 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case FEROZ KHAN vs State Benefit of doubt — 2023 PCrLJN 29 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2023 PCrLJN 29 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2023
Parties
Citation Name: 2023 PCrLJN 29 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case FEROZ KHAN vs State Benefit of doubt
Subject matter
Criminal
Provisions referred to
S. 392---R; S. 392

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

Citation Name: 2023 PCrLJN 29 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case FEROZ KHAN VS State Benefit of doubt---Scope---Prosecution is bound to prove its case beyond reasonable doubt, when a single doubt appears in the evidence of prosecution its benefit must go to the accused as a matter of right and not grace. Citation Name: 2023 PCrLJN 29 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case FEROZ KHAN VS State S. 392---Robbery---appreciation of evidence---Benefit of doubt---Scope---accused was convicted for snatching the mobile phone of complainant---Complainant had not produced any evidence to establish his ownership over the mobile phone---Investigating Officer had not bothered to confirm from the concerned company whether the mobile was sold in the name of the complainant or otherwise---Complainant had submitted an affidavit wherein he had exonerated the accused at bail stage but during trial he had resiled from the affidavit---Complainant had not alleged that the accused was armed with any weapon or caused any injury to him---Fear of death or of instant hurt or of instant wrongful restraint was necessary to meet the end of constituting an offence under S. 392, P.P.C.---Conviction and sentence recorded against the accused was set aside and he was acquitted of the charge.

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