Law:

Section:

Penal Code (XLV of 1860)--- ---S. 224-Escape from lawful custody-Resistance or obstruction to lawful apprehension- Guards all around barrack with lights on making it difficult for detainee to escape without attracting notice-Prosecution failing to prove negligence of any official in his duties-Escaped accused though arrested several days after escape yet prosecution getting only a Sub-Inspector to prove their arrest-Prosecution not producing prisoners' tickets or gate keeper's register to prove accused as lawful detainees and their escape from custody-Out of- two accused one concerned in a murder case but allegedly dead man found alive and as such accused acquitted-Inspection notes relied upon to prove accused's escape not duly proved and thus inadmissible in evidence-Order of remand passed by Magistrate relied upon to show appellants' re-arrest and remand to police custody not proved to show its concern with escape of accused appellants-Accused, held, rightly acquitted in circumstances.-[Evidence]. JUDGMENT SALAHUDDIN AHMED, J.-This appeal, by special leave, is from the order of the then High Court of West Pakistan, Lahore, setting aside the acquittal of the appellants under section 224 of the Pakistan Penal Code. Leave was granted to re-examine certain features in the evidence of the case inasmuch the High Court had not discussed the evidence. It appears that the two appellants along with one Khawind Bakhsh were tried by the Sub-Divisional Magistrate, Rajanpur, on a charge under section 224 of the Pakistan Penal Code on the allegations that they had escaped from lawful custody while detained in Barrack No. 4 of the Judicial lock up at Rajhan between the night of the 20th and the 21st of May 1953. The two appellants had been concerned in a murder-case, and Khawind Bakhsh in a theft case. The prosecution examined four witnesses including the Head Constable of the police in charge of the lock-up, and three employees' of the Jail in support of its case. The prosecution case, inter alia, was that a co-accused Kamal had provided the accused with a saw for cutting the iron bars and this enabled the accused to cut the bars and escape. The seizure of this saw has not…

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