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Constitution of Pakistan (1973)---Art. 185(3)--Penal Code (XLV of 1860), S. 411--Conviction for possessing stolen ornaments--Set aside by High Court--Order impugned--Various suspicious features of evidence adversely affecting truthfulness of prosecution case-- Supreme Court after having examined evidence and reasons given by High Court, upheld acquittal-­Petition being devoid of force, dismissed. ORDER MUHAMMAD HALEEM, C.J.--Respondents Rab Nawaz and Muhammad Hayat were tried, for being in possession of stolen ornaments, by a Magistrate First Class, convicted under section 411, P.P.C. and sentenced to suffer rigorous imprisonment for two years. Their appeal to the Sessions Court also failed. A revision was, accordingly, preferred before the Lahore High Court, Rawalpindi Bench, which was accepted by judgment dated 8th of February, 1984, and the respondents were acquitted. It was alleged by the prosecution that while investigating another case of theft information was given to Muhammad Akram, Sub-Inspector, on 23rd of May, 1982, that the respondents in Bazar Sarafan, Rawalpindi, were attempting to sell gold-ornaments upon which they were apprehended and the ornaments from their possession were seized. Subsequently on 28th of May, 1982, an F.I.R. was lodged by Waqar Ahmad, a resident of Chib Garan, district Abbottabad, at Police Station Banni, Rawalpindi, with regard to the theft of these gold-ornaments and some others valued at Rs. 40,000 about a month earlier, that is, 30th of April, 1982. In the investigation of the case Muhammad Hussain, who was accompanying the Sub-Inspector when the information was conveyed to him, figured as a principal witness and apparently was interested in the recovery of the stolen articles in the other case which was being investigated. Although these respondents were known to him yet he gave the impression that they were strangers to him. The trial Court after recording the evidence of Waqar Ahmad, the complainant, Muhammad Hussain and Muhammad Akram recorded the conviction and sentence as aforestated which was upheld by the Additional Sessions Judge, Rawalpindi. The High Court, however, while re-assessing the evidence of Muhammad…

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