Law: Criminal Procedure Code (V of 1898)

Section: 239(e)

Law: Evidence Act, (1 of 1872)

Section: 133

Law: Pakistan Penal Code, 1860

Section: 396,412,414

(a) Criminal Procedure Code (V of 1898), S. 239 (e)---Joint trial of receiver of Property looted in dacoity along with persons involved in dacoity who were charged with dacoity with murder under S. 396 P. -P. C.-Held, in order. S. D. was charged and convicted under sections 412/414 P. P. C. at a joint trial with the' remaining accused who were charged and convicted under sections 395 and 396 P. P. C. On objection being taken that the joint trial was illegal inasmuch as the offence alleged against the other appellants was not of dacoity alone but also one of murder committed during the commission of that dacoity made punishable by section 396 of the P. P. C. Held, the mere fact that the appellants other than S. D. were, in addition to being persons accused of an offence of dacoity (which offence includes theft), persons accused also of another offence, would not make the joint trial of Shukar Din with them illegal, if, as in the present case, those appellants' case be jointly tried for the two offences. (b) Evidence Act (I of 1872), S. 133-Corroboration of statement of accomplice necessary-Greater caution in case of approver's statement-Mere absconding of accused no corrobora­tion-Guilty conscience must be established--Recovery of stolen Property-Corroboration. It is well settled that no conviction should be based on the statement of an accomplice, unless it is corroborated in material particulars. The corroboration required must be not only general corro­boration of the statement of the accomplice but also against each of the accused persons before that person can be convicted of an offence. That when dealing with the evidence of an approver greater care is called for. Before absconding can be used against an accused person it must be established that be absconded not because, though innocent, he was afraid of being arrested but because he had a guilty conscience and cases are not uncommon in which innocent persons when convinced that they were going to be arrested have absconded. It is not necessary that corroborative evidence by itself should establish the offence deposed to by the approver. Recovery of looted property from possession of accused coupled with…

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