Law: Evidence Act, (1 of 1872)

Section: S. 114 (b)

Law: Penal Code (XLV of 1860)

Section: S. 400

  Evidence Act (I of 1872), S. 114 (b)-Approver-Unworthy of credit unless corroborated in material particulars by reliable in dependent evidence- Cor'roboraliV2 evidence to indicate that approver's story, substantially true.   Penal Code (XLV of 1860), S. 400-Belonging to a gang of dacoits-Essential ingredients of offence.   In order to establish the connection of the gang with a particular dacoity, it is not necessary for the prosecution to show the complicity of every one of the members of the gang in that dacoity. After coming to the finding that there was a gang whose purpose was to habitually commit dacoities, it will be sufficient, if it is established that one or more of the members of tie gang took part in a particular dacoity in order to make the gang responsible for it.   Section 400 of the Pakistan Penal Code lays down that whoever belongs to such a gang he is guilty of an offence under that section. It is evident, therefore, that in order to establish the guilt of an accused under this section, it is not incumbent upon the prosecution to show that a particular accused, belongs to such a gang, did actually take part in any one or more of the dacoities concerned. The participation of an accused in any dacoity is evidence establishing his object for such connec tion. The association in order to be penal must not be of a casual nature and must be for the purpose of committing dacoities habitually. Such association must be shown to have been spread over a sufficiently long period of time, In order to establish that the person concerned had identified himself with a group of persons whose common purpose was the habitual commission of dacoity.   Khilwan and others v. Emperor A I R 1928 Oudh 430 and Kader Sunder v. Emperor 16 C W N 69 rel.   Penal Code (XLV of 1860), Ss. 395 & 400-Accused acquitted of charge under S. 395-Whether can be charged under S. 400-Criminal Procedure Code (V of 1898), S. 403. Evidence which, though not believed for the purpose of conviction in a specific case under section 395 of the Pakistan Penal Code, may yet be relied upon for the purposes of a conviction under section 4C0. Once a man…