Law: Penal Code (XLV of 1860)

Section: 223,224,120-B

(a) Penal Code (XLV of 1860)--- ----Ss. 223, 224 120-B---Escape from confinement or custody negligently suffered by public servant, resistance or obstruction by a person to his lawful apprehension, criminal conspiracy---Appreciation of evidence---Acquittal of co-accused---Scope---Prosecution case was that due to negligence of officials deputed on duty, accused managed to flee away by breaking the locks---Prosecution had failed to produce an iota of evidence to show that the accused was custodian of the lock up---None of the ocular witnesses stated that the accused was in charge of the lock up---Accused was convicted on the basis of inquiry report---Opinion of inquiry officer was not binding upon the Court---Prosecution had even failed to produce the register wherein the accused-official and others were entrusted with the duty of securing the lock up---Initially eight employees were arrested, whereafter five of them were discharged under S.169, Cr.P.C. and were released on the direction of the high ups; while two accused persons were acquitted by the Trial Court---If the prosecution story was accepted then it could be said that only the accused-official was on duty which by itself was enough to create doubt regarding the authenticity of prosecution case---Revision petition was accepted and the accused was acquitted of the charge, in circumstances. Muhammad Nawaz v. The State PLD 2002 SC 287; 2021 SCMR 612 and Saifullah v. State 2018 MLD 751 rel. (b) Penal Code (XLV of 1860)--- ----S. 223---Escape from confinement or custody negligently suffered by public servant---Proof of negligence---Scope---Prosecution must prove that whoever being public servant was legally bound to keep in confinement any person charged with or convicted of any offence or lawfully committed to custody, negligently suffered such person to escape from confinement, meaning thereby that the prosecution must prove the escape made by negligence of public servant---Mere proving that the accused person was on duty does not constitute the offence in the absence of evidence of negligence. (c) Words and phrases--- ----Negligence---Meaning. Failure to exercise the standard of care that a reasonably…

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