Law: Penal Code (XLV of 1860)

Section: 182,211,409,380,454

Penal Code (XLV of 1860)--- ----Ss. 182, 211, 409, 380 454---False information with intent to cause public servant to use his lawful power to the injury of another person, false charge of offence made with intent to injure, criminal breach of trust by public servant, theft in dwelling house, lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment---Appreciation of evidence---Absence of mens rea---Effect---Complainant/police constable got lodged FIR that his official Kalashnikov was stolen from his house---Prosecution case was that the complainant had failed to deposit the Kalashnikov with the department; that he had embezzled the official Kalashnikov; that he got lodged a false FIR and that during investigation no signs of theft were observed---Prosecution case was based upon presumptions and assumptions---Complainant himself had reported to police station with regard to missing of official Kalashnikov from his house, thus, he discharged his liability and apparently no mens rea existed on this part---Petition was accepted, s passed by Magistrate and Sessions Judge were set aside and the complainant, was acquitted of the charge. JUDGMENT ABDULLAH BALOCH, JUSTICE:---.--- This judgment disposes of Criminal Revision Petition No.10 of 2019 filed by the petitioner Muhammad Zeeshan Yousuf son of Muhammad Yousuf, against the Order dated 12th February 2019 passed by learned Additional Sessions Judge-I Quetta (appellate Court), whereby the appeal filed by the petitioner was dismissed, maintaining the judgment dated 13th September 2018 passed by learned Judicial Magistrate-XIII Quetta (hereinafter referred as the trial Court), whereby the petitioner was convicted under Section 182, P.P.C. and sentenced to suffer R.I. for six months; he was also convicted under Section 211, P.P.C. and sentenced to suffer R.I. for one year; besides he has also been convicted under Section 409, P.P.C. and sentenced to suffer R.I. for one year with fine of Rs.10,000/- and in default thereof he shall further suffer two months SI, with the benefit of Section 382-B, Cr.P.C. The appeal filed by the petitioner(sic). 2. Facts of the case are that on 24th…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492