Law: Criminal Procedure Code (V of 1898)

Section: 435,439

Law: Pakistan Penal Code, 1860

Section: 34,381-A

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 435 & 439---Revision---Scope---Scope of revision was limited---Revisional Court, was not a 'toothless paper tiger', but could always exercise its power to correct manifest illegality, or prevent gross miscarriage of justice---Court was duty bound to exercise its power and authority when facts calling for its exercise, were brought to its notice, or came to its notice---Revisional court, had jurisdiction to correct the error, resulting from non-reading, misreading of evidence, or when the courts below failed to exercise jurisdiction vested in them. Nur Elahi v. The State and 2 others, PLD 1966 SC 708; Pahalwan Machhi v. Abdul Wahid and another 1991 PCr.LJ 728; Patasho v. The State 1997 MLD 1689; Naveed and another v. The State 2014 PCr.LJ 250; PLD 1982 SC (AJ&K) 13; PLD 1983 SC 73; PLD 1981 SC 352; 2005 YLR 2325; PLD 1999 Kar. 144; 1993 PCr.LJ 1463; 1995 PCr.LJ 1835; 2000 SCMR 735 ref. (b) Penal Code (XLV of 1860)--- ----Ss. 381-A & 34---Theft of motorcycle, common intention---Appreciation of evidence---Sufficient doubt existed in the prosecution case which had shrouded the very root cause of the case, as complainant had clearly stated that he had not witnessed the incident as far as the theft of motorcycle was concerned---Motorcycle was parked by the complainant without locking same---No registration number of said motorcycle was disclosed by the complainant in his evidence---Complainant had not produced any document to even remotely substantiate that said motorcycle was owned by him or it was in his name---Material contradictions in the case were not attached importance by the two courts below---Record showed that number of persons had gathered at the place of incident, and at the place of arrest, but no one was cited as witness---Mashirs cited by the complainant, were his relations belonging to his village---Story of incident was fabricated, and not confidence inspiring and same had cast serious doubts in the prosecution case---No points were framed for disposal of appeal nor importance was attached to material available on record---Decision in appeal was mainly based on the submissions made by…

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