Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 379, 411, 34

Law: Railways Act (IX of 1890)

Section: 126

(a) Criminal Procedure Code (V of 1898) S. 497(2)---Penal Code (XLV of 1860), Ss. 379, 411 & 34---Railways Act (IX of 1890), S. 126---Theft, receiving stolen property, common intention, intentional acts, omissions and negligence of public functionaries---Bail, grant of---Further inquiry---Per prosecution case, the applicant had purchased stolen property i.e. leads/ wires of T/motors Nos.4, 5, 6, cut off from traction motor channel from co-accused, which belonged to Pakistan Railways---Since such act on the part of the co-accused endangered and humen, therefore, after thorough investigation, the police reached the conclusion that the accused had committed the offence in terms of S.126 of the Pakistan Railways Act, 1890---Evidence collected during investigation revealed that the applicant had not removed or stolen the property in question nor was the member of such gang who actually had committed the offence---Mere allegation against the applicant was that he allegedly purchased said stolen property from co-accused and after recording evidence, if prosecution was successful to prove its case, it would fall within compass of S.411, P.P.C---Bare perusal of said Section of law showed that before securing involvement against the applicant, the prosecution was required to prove that the applicant was not only found in possession of the stolen property belonging to Pakistan Railways but he did so with particular intent or knowledge that he would endanger the safety of the persons traveling by train on particular track---In other words in addition to the actual removal or theft of certain property, the prosecution had to prove the requisite intent or knowledge on the part of the applicant that he was likely to endanger the safety of any person or persons travelling by train on particular track---Mere purchase of said property from co-accused would not be sufficient to prove the guilt of the applicant in terms of the provision contained under Pakistan Railways Act, 1890 unless the prosecution further proved it by way of evidence---As per available direct or circumstantial material, no evidence had been brought on record that the applicant did so with intent or…