Law: Penal Code (XLV of 1860)

Section: 366, 452

Law: Criminal Procedure Code (V of 1898)

Section: 369

(a) Penal Code (XLV of 1860) Ss. 366 & 452-Abduction-First information report lodged with delay of 18 hours after deliberation-Possibility of false inculpa tion of accused not excluded-Prosecution failing to examine alleged abductee as well as Investigating Officer--Nothing on record to corroborate prosecution witnesses-Convictions and sentences set aside. (b) Criminal Procedure Code (V of 1898) S. 369-Judgment-Review-Magistrate reviewing his earlier judgment thereby reversing conviction of accused into acquittal on ground that he meant to acquit accused but mentioned his name as one of convicts due to oversight-Nothing on record or in earlier judgment showing intention on part of magistrate to acquit accused but on contrary trend of judgment showing accused equally guilty along with co-accused-Magistrate, held, exceeded his powers in writing an unreasoned judgment of acquittal in 'favour of accused-Judgments once signed and announced-Cannot be reviewed except for correction of clerical errors- Questions of judicial determination arising after delivery of judgments-Must be left for higher Courts. Date of hearing: 10th February 1972.                                                                                                                             JUDGMENT The appellants have been convicted under sections 452/34 and 366/34, P. P. C. by Mr. M. R. Khalid, Magistrate Section 30, Kot Addu Camp at Leiah, and sentenced to four years' rigorous imprisonment and a fine of Its. 1,000 each on each count. In default of payment of fine they were directed to undergo rigorous imprisonment for a further period of six months for each conviction. Manzoor Hussain the fourth accused was acquitted by the learned Magistrate. 2. The evidence is that one Mst. Gamo wife of Khadim Hussain had been abducted by Ghulam Raza appellant and was left with Muhammad Bashir…