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Criminal Appeal No. 839 of 1979, heard on 3rd July, 1985.

---S. 394--Names of accused not mentioned in first information report-- prosecution witness allegedly identifying accused in identification parade--Neither proceedings of identification nor Magistrate who held parade produced--Articles allegedly recovered from accused having no mark of identification and could not be said to have been forcibly taken away from complainant--One of articles i.e. wrist watch not recovered from physical possession of accused--Prosecution failing to prove its case beyond reasonable doubt--Accused acquitted in circumstances.

Nemo for Appellants.

Kh. Ghulam Qadir for the State.

Date of hearing: 3rd July, 1985.

This criminal appeal arises from the judgment of learned Magistrate Section 30, Okara, whereby he on 26-7-1979 convicted Khan, Nazra and Nazir appellants under section 394, P.P.C. and sentenced them to seven years' R.1. each and a fine of Rs.500 each, in default thereof six months' R.I.

2. Riaz Ahmad P.W.2 was an employee of Telephone Department. He was posted at Renala Khurd. On 14-1-1979 at B-30 p.m. he was returning to his house and when he reached near Glaxo Branch, three unknown persons opened attack on him with Lathi and knives, gave him injuries and took away his Loee leaving behind one knife and Safa belonging to them. Riaz Ahmad told the incident to Muhammad Hussain who lodged report at Police Station Renala Khurd. During the investigation three appellants were arrested and subjected to identification parade. Riaz Ahmad P.W. allegedly identified them in the parade. Nazra appellant took the police to Ameer P.W. who produced wrist watch Exh. A . B which was taken into possession vide memo. P.C. attested by Rehmat and Muhammad Akbar. Nazeer appellant got recovered currency notes of Rs.50 Exh.A-IV in the presence of Yaqoob P.W. 6. The Investigating officer also supported the recoveries of the articles from the appellants. Dr. Muhammad Siddique P.W.8 medically examined Riaz Ahmad P.W. on 14-1-1979 at 10 p.m. He found three injuries caused by blunt and sharp-edged weapons on his person. All the injuries were simple in nature.

3. When examined under section 342, Cr.P.C. the appellants denied all incriminating circumstances. They raised the plea of false implication. In defence two witnesses were produced.

4. The learned trial Court believing the ocular evidence and the recovery, convicted and sentenced the appellants as stated above.

5. No one has appeared for the appellants. I have examined the evidence with the assistance of learned counsel for the State. I find that the names of the appellants were not mentioned in the F.I.R. that although Riaz Ahmad F.W.2 had allegedly identified the appellants iii the identification parade yet neither the proceedings of identification, nor the Magistrate who held the identification parade was produced and that the articles allegedly recovered from the appellants i.e. Loee, A wrist watch and a currency notes of Rs.50 not having any specific mark of identification it cannot be said that the same were forcibly taken away from Riaz Ahmad P.W. Furthermore, the watch was not recovered from the physical possession of Nazra appellant. For all these reasons, I am of the view that the prosecution has not been able to prove its case beyond reasonable doubt.

6. For what has been stated above, the appeal is accepted and the appellants are acquitted of the charge.

M. Y. H.

Appeal accepted.

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