Citation Name: 2025 YLR 561 KARACHI-HIGH-COURT-SINDHBookmark this Case Abdul Rehman vs State Ss

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Citation Name: 2025 YLR 561 KARACHI-HIGH-COURT-SINDHBookmark this Case Abdul Rehman VS State Ss. 392, 397 & 34---Robbery, robbery or dacoity with attempt to cause death or grievous hurt, common intention---Appreciation of evidence---Accused were charged for snatching a mobile, wallet containing cash of Rs. 2000, ATM Card and copy of CNIC from the complainant at gun point---Complainant had admitted in his evidence that the incident took place just in front of the main gate of his house and he did not raise hue and cry---Complainant also admitted that one person was sitting on the backside of the motorcycle and had a pistol in his hand and after committing robbery, they fled from the place of occurrence and he told the incident to the Chowkidar present at the main gate of the society and Chowkidar closed the main gate, however he apprehended one accused, who was sitting on backside of motorcycle and other accused, who was driving the motorcycle fired from his pistol and succeeded in escaping---Complainant also admitted that no pistol was recovered from the present appellant---Trial Court acquitted one of the accused persons from the charge by giving him the benefit of the doubt on the premise that neither Arresting Officer nor Mushir of arrest (complainant) deposed a single word regarding arrest of acquitted accused in their entire evidence and such fact was a big blow to the prosecution case---If this was the position of the case, then entire case of the prosecution became doubtful---As no recovery was effected from the present applicant then the question of firing by him at the time of alleged incident did not arise---Chowkidar was not examined by the prosecution---Once the doubt hadbeen created in the prosecution case and coupled with no recovery of the alleged weapon from the applicant, conviction could not be made safely against the appellant---Admittedly, no weapon was used by the appellant in the commission of the incident as admitted by the complainant in his deposition, therefore, the punishment to the appellant under S.397, P.P.C was misplaced--- Circumstances established that the prosecution had failed to establish the guilt against the present appellant beyond the shadow of reasonable doubt---Appeal against conviction was allowed, in circumstances.

Citation Name: 2025 YLR 561 KARACHI-HIGH-COURT-SINDHBookmark this Case Abdul Rehman vs State Ss — 2025 YLR 561 KARACHI-HIGH-COURT-SINDH

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