Law:

Section:

Penal Code (XLV of 1860)--- ----S. 412---Dishonestly receiving property stolen in the commission of dacoity---Appreciation of evidence---Accused persons, against whom the earlier case of robbery of the car was pending at the time of impugned passed in that case of robbery of such car, were subsequently acquitted by the Trial Court---Prosecution adduced the evidence of sole eye-witness of alleged recovery who was Head Constable, was also the mashir of the alleged recovery, and his evidence was not corroborated by any other witness---Co-mashir was given up by the prosecution---Complainant S.H.O., who was also the witness of the alleged recovery, was not examined by the prosecution before the Trial Court as his whereabouts were not known---Police constable, who was driver of the Police mobile in which the raiding party arrived at the spot, was also not examined by the prosecution, without any reason, though the name of that witness appeared in the list of witnesses given in the challan---Prosecution examined Investigating Officer, who was not the witness of recovery; and he simply identified/verified the signatures of the complainant---Evidence of said witness, so far as the arrest and recovery in question was concerned, was not helpful to the prosecution to corroborate the evidence of sole witness, examined by prosecution on such material point---Robbed car allegedly recovered from the possession of accused, was not produced before the Trial Court---Roznamcha entry on the basis of which the complainant party left the Police Station and arrived at the spot and effected the alleged recovery, was also not produced before the Trial Court during the evidence of prosecution witnesses---In view of contradictions and other defects in the case of prosecution, prosecution story was not believable---Accused had served sufficient punishment, while remaining in jail and only the sentence of 1 year, 8 months and 19 days remained in balance--Case of prosecution, could not be said to have been proved beyond any shadow of doubt---Conviction and sentence awarded to accused person, was not sustainable, in law, in circumstances---Impugned was set aside, accused person stood…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492