Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 379, 462-B, 462-F & 511--Theft, tampering with petroleum pipelines, damaging or destructing the transmission or transportation line, attempting to commit offence with imprisonment for life or a shorter term---Appreciation of evidence---Recovery of articles---Prosecution case was that accused-appellants along with co-accused persons were found in installing a clip over the pipeline of a Refinery Company in order to commit theft of oil---First Information Report showed that at the time of arrest of accused-appellants, they were putting a clip on pipeline after digging a ditch over the pipeline---Record showed that no tools like shovel, spade, scoop, trowel or any other similar tool allegedly used for digging the ditch were recovered from the possession of accused-appellants or found at the place of incident---Police did not find empty barrels or any other container for storing stolen oil---No vehicle was shown to be seen by police for transporting the stolen oil---Only the recovery of a clip and a screw wrench, in such a situation, was not sufficient to connect the accused-appellants with the commission of the alleged offence---Accused-appellants were acquitted in circumstances by setting aside conviction and sentence recorded by the Trial Court. (b) Penal Code (XLV of 1860)--- ----Ss. 379, 462-B, 462-F & 511---Theft, tampering with petroleum pipelines, damaging or destructing the transmission or transportation line, attempting to commit offence with imprisonment for life or a shorter term--Appreciation of evidence---Benefit of doubt---Prosecution case was that accused-appellants along with co-accused persons were found in installing a clip over the pipeline of a Refinery Company in order to commit theft of oil---Ocular account was furnished by witnesses including the complainant---Complainant revealed during cross-examination that he prepared the memo of arrest and recovery in the headlight of police mobile by placing the papers on the pad---Witness deposed that the complainant prepared memo by putting on the bonnet of police mobile---Complainant stated that he had seen the accused persons at a distance of 15/20…

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