Sections 808080 and 7457 of the Criminal Procedure Code (V 1898), section 417 (2A) admittance of evidence against a conviction of guilt for theft in a residential home, misdemeanor or breakdown of a home. The delay in filing an FIR in the case was not explained, the accused (defendant) allegedly committed theft of buffalo from the house of the complainant, the trial court said. The acquittal of the accused was brought about two months before the FIR registration and the explanation for such delay was given. The suspects were identified but due to the hopes and promises of Nicodemus for the return of the stolen property, the complainant did not file an FIR, such an explanation could not be treated as delayed because the stolen property was recovered. Had no effect. The names of Nicomands were not cited in the FIR. The test is that there was a dispute between the parties over a plot. The trial court correctly concluded that the prosecution was beyond reasonable doubt. Had failed to prove, the appeal against the deterioration of circumstances was dismissed.
Related judgments — Karachi High Court Sindh, 2013
