Law: Penal Code (XLV of 1860)

Section: S. 448

  Witness-Eye-witnesses-Names appearing after lapse of six months-Evidence rejected.   Penal Code (XLV of 1860), S. 448-Criminal trespass--- Constituents.     JUDGMENT   On the dismissal of their appeal Abdul Qayyum and Abdul Rauf have challenged their conviction and sentence of imprison ment till the rising of the Court under section 453, Pakistan Penal Code.   The facts which led to this conviction are that a room in house No. A/1059 situatedin Bhati Gate, Lahore, was occupied by Ramzan Ali Shah, who died on the 29th of December 1958. Muhammad Latif, who is uncle of the two petitioners, locked this room as he claimed that the room had been given on rent to Ramzan Ali Shah by him. After about sixteen or seventeen days the petitioners are alleged to have broke open the locks and taken possession of the room in question. On a private complaint by Muhammad Latif the petitioners were tried and convicted as mentioned above.   Ramzan Ali Shah died on the 29th of December 1958, the complaint was filed on the3rd of June 1959. No witnesses were mentioned in the complaint. The statement of the complainant Muhammad Latif was recorded on the 24th of June 1959, under section 200, Criminal Procedure Code, but no witnesses were men tioned even in his statement. The complainant examined Abdul Aziz and Ghulam Muhammad as his witnesses under section 202, Criminal Procedure Code, on the 9th of July 1959. Thus the names of the prosecution witnesses appeared almost about six or seven months after the occurrence, This point has been completely overlooked by the two Courts below. It is admitted that there is litigation pending between the parties for the partition of this and other property jointly owned by the father of the petitioners and…