Law: Penal Code (XLV of 1860)

Section: S. 405

(On appeal against the judgment and order of the High Court of East Pakistan, Dacca, dated the 28th June 1961, in Appeal No. 752 of 1960).   Special leave to appeal to Supreme Court------Granted to consider : (1) whether trial was valid after withdrawal of case and discharge of accused, (2) whether after such withdrawal, fresh sanction for prosecution was necessary-Constitution of Pakistan (1956), Art. 160.   Supreme Court--------(Criminal appeal)-Finding of fact Defence plea of factual nature-Whether correctly treated by Courts below-Consideration by Supreme Court-Principle Decision not to be taken in relation to accused's "special pleading" but must rest on examination of "entire" evidence Reasonable possibility that accused's defence might be true-Such possibility reacts on whole case-Prosecution case, held, not proved beyond reasonable doubt-Accused given benefit of doubt-[Penal Code (XLV of 1860), S. 409].   Where there is a question of the correct treatment of a plea in defence which is of factual nature and is supported by evidence and circumstances the decision must not be taken in relation to the accused's special pleading, but must rest on examination of the entire evidence, and if thereafter the Court is of the opinion that there is a reasonable possibility that the defence put forward by the accused might be true, this opinion reacts upon the whole case, and the accused is entitled to the benefit of such doubt, on the ground that the prose cution has not proved its case beyond reasonable doubt.   In the present case (defalcation of Government money entrusted to accused, a policeman) the accused admitted that the money was actually missing, and at the same time put forward an explanation for the disappearance of the money which was factual and circumstantial and which was shown to have received independent examination by the investigating agency of the Police in consequence of which it was believed. There was delay in making the disclosure, but the explanation offered for this was not necessarily unreasonable or unacceptable. It had not been considered by the Courts below from the view-point of a…