Law: Penal Code (XLV of 1860)

Section: 457,380,34

(a) Penal Code (XLV of 1860)--- ----Ss. 457, 380 34---Theft in dwelling house, lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment, common intention---Appreciation of evidence---Appeal against acquittal---Delay of about twelve days in lodging the FIR---Accused were charged under Ss. 457, 380 34, P.P.C.---Record showed that FIR lodged after 12 days with no explanation---Said fact being significant could not be lost sight of, as the possibility of false implication of the accused persons after deliberations and consultations could not be ruled out---More particularly in view of the fact that the complainant and the alleged witnesses were admittedly, not eye-witnesses of the alleged occurrence and per prosecution nobody had seen the actual occurrence and the names of the accused were shown in the FIR on the basis of suspicion---Appeal against acquittal was dismissed, in circumstances. (b) Criminal trial--- ----Proof---Suspicion---Scope---Suspicion, howsoever strong, could not take place of the legal evidence and conviction could not be awarded on the basis of suspicion. (c) Penal Code (XLV of 1860)--- ----Ss. 457, 380 34---Criminal Procedure Code (V of 1898), S. 249-A---Theft in dwelling house, lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment, common intention---Appreciation of evidence---Appeal against acquittal---Power of Magistrate to acquit accused at any stage of trial---Accused were charged under Ss. 457, 380 34, P.P.C.---Record showed that no incriminating article, whatsoever was recovered from the accused persons---Complainant in his cross-examination had made many admissions adverse to the prosecution case---No evidence worth consideration was available with the prosecution to establish accusation against the accused persons, thus, there was no probability of accused being convicted for any offence---Even the examination of the remaining witnesses would not improve the prosecution case, rather it would not only be an exercise of futility but the abuse of the process of the court to continue proceedings of the present case before the Trial…

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