Khadim Hussain vs State S — 2024 YLR 2247 FEDERAL-SHARIAT-COURT

Case information

Citation: 2024 YLR 2247 FEDERAL-SHARIAT-COURT
Court: Federal Shariat Court
Year: 2024
Reporter: YLR
Parties: Khadim Hussain vs State S
Subject matter: Criminal
Provisions referred to: S. 17; Penal Code (XLV of 1860)

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

Khadim Hussain VS State S. 17(4)---Penal Code (XLV of 1860), Ss. 202 & 412---Harrabah, intentional omission to give information of offence by person bound to inform, dishonestly receiving property stolen in the commission of dacoity---Appreciation of evidence---Recovery of currency notes---Accused were charged for committing murder of the brother and nephew of the complainant during dacoity---Record showed that the three accused were allegedly arrested on 12.08.2018 and at the time of their arrest except three pistols and live cartridges etc, nothing else was shown to have been secured from them, which had been admitted by Investigating Officer that alleged currency notes were not recovered from the possession of any of the accused, who after their arrest were committed to custody---Strangely during the investigation cash amount purported to be the alleged snatched money way shown to have been recovered from the said accused---Numbers and denomination of the currency notes as well as the time and place where the said recovery of alleged snatched currency notes was made, were neither mentioned in the memo. of recovery nor were disclosed during the trial by marginal witness to the recovery memo---Alleged secured currency notes, which were of common pattern, could not be termed to be the robbed money---Neither any entry relating to such recovery was kept in the Daily Diary nor was it produced in evidence by the prosecution---Prosecution had failed to prove that the alleged currency notes were recovered from the three accused---Appeal against conviction was accordingly allowed.

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