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MUHAMMAD ARSLAN versus STATE

Section 398 and 401 Constitution of Pakistan (1973), Article 199 Constitutional Application Section 398 will remove the FIR offense, attracting the PPC if the offender commits any deadly weapon while attempting to commit a robbery. In the present case, it was evident that there was no robbery or attempted robbery at the time of arrest of the applicant / accused and no material or evidence was available on the record to his co-accused. Was not meant to show that any such attempt was actually made by the accused and his co-accused. At the relevant time, the presence of the armed guards at this place will not attract the provisions of section 398, the PPC offense under section 401, PPC will be constituted if the accused is connected to the purpose of committing the crime. Belongs to a traveler or another group. Theft or robbery, but in the present case there was absolutely no evidence to show or establish the allegation or its co-accused on record. Again, members of a group of people who have been subjected to theft or robbery or have been co-accused prove that they do not belong to a wanderer or to any other group who are commonly accused of stealing or robbing. Has been aimed at. It was not appropriate to convict the complainant in an offense under Section 401, both PPCs allegedly committed by the accused and his co-accused, for joining the so-called FIR of the FIR. The allegations could not be established on the basis of facts and any follow-up by the prosecution proved to be a wasteful practice. , Was used patent advocate from Kurram lawyer