Law: Penal Code (XLV of 1860)

Section: 365-A,120-B

(a) Penal Code (XLV of 1860) Ss. 365 A & 120 B Appreciation of evidence Very promptly lodged F.I.R. had rather suggested that things were pre planned Accused had not been named in the F.I.R. and was never put to test identification parade through the complainant Incriminating evidence against the accused consisted of the statements of the complainant and that, of the abductee, pointation memo prepared at the instance of the accused when he led the police party to the house where the abductee had been detained and the confessional statement made by the accused Language used in the pointation memo. had not referred to the recovery of the abductee but only to the place of detention Abductee had stated in his cross examination that he had not seen the accused with the police at the time of his recovery' but only learnt that the accused had been arrested Such statement of the abductee had reflected adverstely on the statements of the recovery witnesses who had stated that the accused was present with them at the time of recovery of the abductee Complainant had not referred in his examination in chief to any telephone call received by him after the abduction of his brother except that his brother was recovered by the police on 5 9 1995 and that the local police had contacted him during investigation and informed him about the arrest of the accused Demand of ransom had only been referred to by the abductee in his statement at the trial Owner of the P.C.O. wherefrom the accused was allegedly arrested had not been examined or named Prosecution witnesses had referred to three different locations wherefrom the accused had been arrested Confession of the accused had been recorded after a delay of 7/8 days If the accused had volunteered to point out place of detention of the abductee on the very first day of his arrest he should have also volunteered to make confession on the same day Prosecution had failed to bring home charge against the accused Conviction and sentence of the accused were set aside and he was acquitted of the charge. (b) Criminal Procedure Code (V of 1898) S. 154 Unreasonable promptness in lodging F.I.R. No doubt that a prompt F.I.R. corroberates the…

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