Law:

Section:

Keywords: Evidence, Defence, Recording, Determination, Consideration, Prosecution, Investigation, Examination, Money, Conviction, Stolen Property, Probative Value, Office, Division, Coercion, Trial Court, Benefit Of Doubt, Magistrate, Property, Information, Set Aside, Custody, Delay, Inducement, Place, Cross-Examination Result: Appeal allowed JUDGMENT Appellant Aijaz Hussain son of Mazhar Hussain has been convicted by the learned Civil Judge & A. C. M. (Section 30 Magistrate), Hyderabad for an offence under section 392, P. P. C. and sentenced to suffer R. I. for five years. 2. The facts leading to the appeal briefly are as follows: On 18-12-1965, at about 7 p.m. complainant Abd Mustaqeem Khan Sub-Inspector Octroi was on duty in his To Tax Office at Latifabad. His octroi clerk Dilshad Bux P. W 5 and peon Habibullah were also with him, when two persons entered his office with open knives in their hands. Their third companion who was armed with a revolver stood outside near the open window. The robbers who had come inside caught hold of peon Habibullah and octroi c'erk Dilshad Bux and pushed them inside the room. Thereafter, they searched the drawers and secured the keys and cash of Rs. 3,000.00, lying therein. The robbers thereafter put the Sub-Inspector also inside the room. The three of them were rescued thereafter by a Chowkidar who came and unbolted the door and it was thereafter discovered that Rs. 15,000.00 were missing from the safe which was opened and found empty. P. W. Mustaqeem stated that he and Habibullah thereafter came to Latifabad Police Station and brought the S.H.O, himself to the scene of offence where the First Information Report was recorded on a blank paper. The version of the S. IT. O. Ghulam Ahmed, on this point is, however, different. He stated that he came to the scene of occurrence on the telephone message received at about 8-15 p.m. He however, could not say as to who sent this phone message. After recording the First Information Report S. H. O. examined some witnesses but the investigation was thereafter taken over by Inspector Sardar Ahmed of C. I. A. on 20th December 1965. P. W. 10 Mohammed Sadik, S. I. P. (C. T. A.I…

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