Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Instigation/abetment--three ingredients are essential to dub any person as conspirator--Call Data Record (CDR)--unknown burnt deed body--Delay in recording statement--Lady, having suckling child--Rule of consistency--Bail, grant of--Husband of the petitioner went missing--The local police found an unknown burnt deed body, which was buried in graveyard--It was the petitioner, who had reported the matter to the Police that her husband went missing--She was implicated in the case pursuant to the statement of brother of the deceased recorded under Section 164, Cr.P.C after lapse of 15-days--The recovered dead body of the deceased was fully burnt and overall condition of the dead body made it impossible to identify the deceased--DNA test of the corpse has been done but the report is still awaited--The whole occurrence was committed by the accused on her instigation/abetment--No specific date, time and place where the conspiracy was hatched has been mentioned in the said statement--All the three ingredients of Section 107, PPC are prima facie missing in this case--Except the Call Data Record (CDR), nothing could be relied upon--In absence of any concrete material the Call Date Record is not a conclusive piece of evidence to ascertain the guilt--Petitioner has two children, one of which is a suckling baby girl of 17 months, who has been confined with her in jail--Instead of detaining the innocent child infant in the jail for the crime allegedly committed by his mother, it would be in the interest of justice as well as welfare of minor if the mother is released from the jail--The principal accused has been granted post-arrest bail by the High Court--Following the rule of consistency, the petitioner also deserves the same treatment to be meted out--Petitioner is admitted to bail. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 107--Section 107 PPC reveals that three ingredients are essential to dub any person as conspirator i.e. (i) instigation, (ii) engagement with co-accused, and (iii) intentional aid qua the act or omission for the purpose of completion of abetment. Criminal Procedure Code, 1898 (V of 1898)--…

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