YASIR PARVEZ vs State Ss — 2023 YLR 2164 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 2164 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: YASIR PARVEZ vs State Ss
Subject matter: Criminal
Provisions referred to: S. 103

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

YASIR PARVEZ VS State Ss. 302(b), 396 & 412---Qatl-i-amd, dacoity with murder, dishonestly receiving property stolen in the commission of dacoity---Appreciation of evidence---Benefit of doubt---Recovery of robbed amount from the accused---Reliance---Accused were charged for committing murder of the brother of complainant and injuring the complainant during dacoity---In the present case, allegedly robbed amount was recovered from the accused---However, the recoveries so effected were clearly in contravention of S. 103, Cr.P.C., therefore no reliance could be place upon the same at all---Even otherwise, no specific denomination of looted amount was mentioned in complaint---Thus, recovery of currency notes from the accused persons hardly lent any support to the prosecution case---Where prosecution case was mainly based on the evidence of ocular account and the moment truthfulness and intrinsic worth of evidence of ocular account had come under the clouds of doubts and was disbelieved, no other evidence even that of a high degree and value would be sufficient for recording conviction for a crime entailing capital punishment---Circumstances established that the prosecution failed to prove its case against accused persons beyond reasonable shadow of doubt---Appeal against the conviction was allowed accordingly.

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