Law: Criminal Procedure Code (V of 1898)

Section: 154

Law: Penal Code (XLV of 1860)

Section: 392, 397

(a) Criminal Procedure Code (V of 1898) S.154-First Infor mation Report-Delay-Occurrence taking place before sunset but F.I.R. lodged the following day at 5-45 p.m., police station being only 6 miles away-Explanation that complainant's hands (not legs) were tied by accused and neither knots could be removed due to darkness nor any one happened to pass that way whole night, held, ridiculous-Delay coupled with false explanation necessitate,'' corroboration of prosecution story. (b) Evidence -False statement cannot become true merely by its repetition or confirmation. (c) Penal Code (XLV of 1860) Ss. 392 & 397-Robbery Complainant's story not corroborated-Eya-witness not supporting prosecution - Indentification of accused not reliable-Factors creating doubt about truth of prosecution evidence-.4ccused, held entitled to benefit of doubt-Conviction set aside.   JUDGMENT This is an appeal against the judgment of the Sessions Judge, Jacobabad convicting the appellant Amul for offence under sections 392 and 397, P. P. C. and sentencing him to undergo R. I. for 7 years while convicted the remaining for offence under section 392 and sentencing them to andergo R. I. for 5 years. All the appellants were further convicted for offence under section 342, P. P. C. and sen tenced for 3 months' R. I. Amul was also convicted for offence under section 13-D of the West Pakistan Arms Act to undergo R. I. for 6 months. Sentences were ordered to run con currently. On 26th December 1965 complainant Abdul Aziz took his corn in his bullock cart to Thul. He delivered it to Seth Moromal, but he could not get the payment as it was Sunday and the banks were closed. Rehan and Rahimdi met him at Thul. They lived at a distance of about two miles from his village. At Bipahiri time all the three set out for their villages in the bullock cart of Abdul Aziz. After they covered the distance of about six miles four men appeared in front of them. The sun has not yet set. The com 1plainant and the other two identified the appellant Amul and absconder Nabu, while the remaining two were not identified as they were not known Amul and Nabu were said to be armed with guns while…