Law:

Section:

Penal Code (XLV of 1860)-------Ss. 399/402---Pakistan Arms Ordinance, (XX of 1965), S.13(d)---Making preparation to commit dacoity, assembling for purpose of committing dacoity---Appreciation of evidence---Failure to prove assembly for the purpose of committing dacoity---Arrest or conviction of accused persons in similar cases not established---Allegation against the accused persons and co-accused was that they had assembled on the side of a road armed with weapons in order to commit dacoity and the police identified them by the headlight of police vehicle---Trial Court convicted the accused persons and co-accused under Ss.399 and 402, P.P.C.---Validity---Police had not disclosed how accused persons and co-accused were known to them previously or whether same were involved in other criminal cases---Police did not collect any independent evidence from or around the place of incident to establish that they saw the accused persons and co-accused trying to stop any vehicle or robbing any passerby---All the accused were found together but it was not proved that they had assembled for the purpose of committing dacoity---Except for bare words of three prosecution witnesses there was no other reasonable material to infer that the accused and co-accused had assembled for the purpose of committing dacoity---Statement of the accused and co-accused before the police that they had assembled to commit dacoity was not sufficient to convict them unless such confession was made before the Trial Court or there was some sound evidence to prove the charge against them---Investigation was silent with regard to the efforts that had been made by the prosecution to collect information about the history of the accused and co-accused and as to whether they were previously charged or arrested or convicted in similar crimes---Evidence of prosecution witnesses had been disbelieved by the Trial Court with regard to the charge against the co-accused under S.13(d) of the Pakistan Arms Ordinance, 1965, but same evidence was believed in respect of the offences under Ss.399 and 402, P.P.C., without any corroboration---Appeals were allowed and convictions and sentences of the accused persons and…

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