Law:

Section:

Keywords: Delay, Cross-Examination, Stolen Property, Recording, Presumption, Jurisdiction, Evidence, Appearance, Prosecution, Money, Office, Change, Exclusion, Defence, Period, Minutes, Conviction, Receipt, Records, Registered, Examination, Place, Grounds, Possession, Defence Witness, Remand, Description, Manager, Testimony, Commission, Recovery, Magistrate, Information, Property, Premises, F.I.R, Claims, Custody Result: Appeals dismissed JUDGMENT Z. A. CHANNA, J.-The two appellants were tried under the provi sions of the Suppression of Terrorist Activities (Special Courts) Act, 1975, for committing along with three other persons, an armed dacoity in the Khudadad Colony Branch, Karachi, of the Habib Bank Limited, in which a large sum of money, watches, a gun, a bandolier containing cartridges, etc., were robbed and each of them have been sentenced under section 396 read with section 397, P.P.C., to R.I. For 10 years. 2. The occurrence, which has given rise to the present appeal, took place on 5th March, 1975, at 1-00 p.m., while the First Information Report of the offence was lodged the same day at Brigade Police Station at 1-43 p.m. By Mr. Muffakir Alam, the Manager of the Bank. The prosecution case, shortly stated is, that on the day of the incident, Manager Muffakir Alam was working at his table in the Khudadad Colony Branch of the Habib Bank, when suddenly, at about 1-00 p.m., he saw a person grappling with the Bank's Chowkidar, Aseem Khan, and heard the report of afire-arm which evidently was aimed at the Chowkidar. In the meanwhile, a second person snatched the gun and the bandolier from Chowkidar. At the same time, a third person came up to Manager Muffakir Alam and aimed a sten-gun at him. Another miscreant, who was armed with a revolver, came to his table, broke his telephone instrument and took up the key of his car from the tray. The same person made him raise his hands, took search of his pockets and took Rs. 60 from his pockets. The same person then went to the cash box and removed from it currency notes of the value of Rs. 35,000 which he put in a black leather bag which be was carrying. There was also a fifth intruder who was standing near the…

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