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UTILITY STORE CORPORATION, GOVERNMENT OF PAKISTAN versus MUHAMMAD NAZIR KHAN

In an appeal against the accused who was acquitted during the trial of the Pakistan Penal Code Section 409 Criminal Code (v. 1898), Articles 417 and 540, he allegedly allegedly robbed Rs 21,38,941 of 45 in the store when his States that section 405, cannot be a material component of a PPC. Proven; that it could not be established from the record that when the accused left the store while on vacation. The store then running and running the prosecution failed to hand over the articles to the suspects and the warehouse charge did not present the case, which handed the articles over to the truck driver, and in turn returned the same to the accused. Was. Individuals were also not involved in the investigation nor were cited as prosecution witnesses in the witnesses' calendar and that the list of articles contained in the goods collection marks was not presented in the investigation and when the prosecution case. These deficiencies were brought into the picture. The defense lawyer then moved the applications under section 40 counsel Cr, to the CCP, pending the trial court finding that the prosecution had failed to produce credible evidence linking the accused to the commission of the crime. And the mere reduction of the store was not enough to personally and physically constitute the assignment and misconduct of the person charged with the crime, as the order indicated in the first application by the prosecution under section 540. , The CRPC did not mention any witnesses who could prove that he was under the supervision of the accused at various stages. Provided articles from the store, even the truck driver (in store) list of advocates from Wah Cantt lawyer