Rasheed Ahmed S/O Khuda Bakhsh vs Muhammad Nida Alias Nidagai And Others

Balochistan High Court · 2024 · Before Hon'ble Justice Shaukat Ali Rakhshani

Nos.1 to 4 have been acquitted of the charge in a case vide FIR No.92 of 2021 dated 18.09.2021 registered with Police Station Jinnah Town, Quetta for the offences punishable under section 395, 147, 148 & 149 of the Pakistan Penal Code, 1860 (“PPC”) for committing robbery at his house.

2. Relevant facts for disposal of the instant criminal acquittal appeal are that complainant Rasheed Ahmed (PW-1) lodged the crime report ibid, averring therein that on 18.09.2021 at 03:50 about 6-7 persons wearing black color dresses, having muffled faces armed with weapons entered into his house and locked his family members into a room, amongst whom one was having eye on them, whilst the others started search and after 10 to 15 minutes, the robbers left his house; he found his house hold articles scattered all around and on cursory scrutiny, he found his mobiles phones, cash and gold ornaments missing. Crl Acq Appeal No.365 of 2022 (2) Only for viewing purpose. Contact office for certified copy.

3. On completion of investigation, respondent Nos.1 to 4 were sent up to the trial Court to face the deeds of their culpability, whereas co-accused persons namely Khalil Ahmed, Sahar Gul & one unknown culprit remained away from the course of justice, as such, they were declared proclaimed offenders. On commencement of the trial, the acquitted respondents entered the plea of denial, thus the prosecution in order to substantiate the charges produced as many as eleven (11) witnesses and on closure of the prosecution side, the acquitted respondents were examined under section 342 of the Criminal Procedure Code, 1898 (“CrPC”), who denied the allegations, but neither deposed on oath nor produced defence, except Baz Gul (respondent No.2), who in his defence got recorded statement of DW-1 Juma Gul, henceforth, the trial Court vide impugned judgment, acquitted respondent Nos.1 to 4 of the indictment.

4. Heard. Record perused with the able assistance of learned counsel for the adversial parties. The case of the prosecution mainly rests upon the ocular account of complainant Rasheed Ahmed (PW-1), Abdul Sami Memon (PW-2), Assadullah (PW-7), disclosure, recovery of plundered articles & crime weapons. FIR ibid was lodged by complainant Rasheed Ahmed (PW-1), who testified that on 18.09.2021 in early in the morning at about 3:50 am, 6-7 armed dacoits with muffled faces entered into their house, locked him along with his family members as well as wife and children’s of his brother namely Assadullah (PW-7) into a room and plundered their belongings, including mobile phones, cash and gold ornaments. He also provided IMEI numbers of their plundered mobile phones mentioned on the empty boxes of cell phones to the police officials. As the culprits were muffled faces, therefore, neither Crl Acq Appeal No.365 of 2022 (3) Only for viewing purpose. Contact office for certified copy. complainant nor Abdul Sami Memon (PW-2) & Assadullah (PW-7) furnished the description of the culprits including their physique. Neither statement of Watchman has been recorded nor any explanation has been offered thereof. There are material contradictions in the statements of complainant and depositions of Abdul Sami Memon (PW-2), Assadullah (PW-7) on material points, which have been highlighted by the Trial Court in para Nos. 11, 12 & 13 of the impugned judgment.

Opening of the judgment. Loading the full judgment on LexPK…