Law: Penal Code (XLV of 1860)

Section: 365

fa) Penal Code IKLY of ISO)- --.-S. 365-A/149---Appreciation of evidence---Proof of a fact---Court while dealing with a casse under criminal law was obliged to take into consideration all matters placed before it before arriving at the conclusion whether a fact stood proved or not---Proof of a fact would depend not only upon the accuracy of the statement but also upon the probability of such fact having existed. (p. 3171 A (b) Penal Code (KLV of 1860)- ----. 365-A/149---Appraisal of evidence---Prosecution evidence not only suffered from material contradictions but was also in conflict with the contents of F.I.R.-_-Arrest of accused and recovery of arms the case was prosecution of four months in lodging tile 1711" was detrimental to prosecution case-- _Investigating officer despite having gained the knowledge of the incident soon after the alleged kidnapping and having also visited the village of the abductor, neither registered the F.I.R, nor undertook the investigation--- Investigating Officer as well as the Trial Court were found to have acted mechanically in dealing with the case in which the accused had been falsely involved due to enmity---Accused were acquitted in circumstances. [pp. 318, 319, 3201 B, C, D, E, F & G Rafiq v. The Crown PLD 1955 FC 70 and S. Mehmood Alam Shah v. The State PLD 1987 SC 250 ref. Nooruddin Sarki for Appellants. ' . K.M. Nadeem, Asstt. A: G., Sindh for the State. Date of hearing: 6th March, 1995. JUDGMENT ABDUL RAHIM KAZI, J.--By this common judgment we intend to dispose of these two appeals arising out of the same judgment involving the e case. Briefly the facts arc that on 1-9-1992 at 9-00 am. FJ.R. being No.18 of 1992 was registered by the complainant Mumtaz Ali with the Police Station Gahji Dero (now known as Fatehpur) under section 365-A read with section 149, P.P.C. The case in the F.I.R. is that at the night of incident which is four months earlier than the date of the F.I.R. the complainant alongwith his father and family members was sleeping in the house when at about 10-30 p.m. they were awaken and saw five culprits including the four appellants and absconder Ameero Lashari had entered the house by scaling…