394. Voluntarily causing hurt in committing robbery.--If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which [shall not be less than four years nor more than] ten years, and shall also be liable to fine.
COMMENTARY
1. Scope and extent. Implicit reliance can be placed on a solitary eye witness if nothing inherently improbable or contradictory is found in his statement and he has no ample motive, to give false evidence. 2000 PCr.LJ 1136.
Magistrate could not have assumed jurisdiction, therefore, not only conviction was illegal but very assumption of jurisdiction was contrary to Law. First Appellate Court convicted accused u/S. 394 PPC and acquitted of charge u/S. 17(3) of Ordinance. PLJ 2004 FSC 195.
2. Recovery of weapon. Neither it was sealed nor was produced and got identification through witnesses. Contents were silent. Non-production of the case properties. Validity. Prosecution has to prove that while committing offence the offender causes or attempts to cause to any person death or hurt or put him in the fear of instant death or hurt. Indeed weapon used in commission of offence was got identified through one of prosecution witnesses, but non-sealing of weapon at the very place of recovery makes it suspected and such recovery cannot be accepted with any degree of safety. PLJ 2008 Cr.C. (Karachi) 362.
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