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Criminal Revision No. 656 of 1974, heard on 10^thFebruary, 1981

-- S. 439 read with Penal Code (XLV of 1860), S. 411-Revision (criminal)-Recovery witness belonging to a different place, a retired Police Constable and appearing to be a Police stock witness--Some other persons although present at time of recovery yet none made to join investigation-Recovery of alleged stolen buffalo, held, not proved through reliable evidence and hence doubtful, in circumstances --Conviction and sentence set aside.-[Recovery-Witness].

Ch. Mohammad Afzal Basara for Petitioner.

Mohammad Sharif Sahi for A.-G. for the State.

Date of hearing: 10th February, 1981

One bufalo of Nazir Ahmad was stolen on the night between 27th and 28th March, 1971, but he did not lodge any report till 2nd June, 1971. Muhammad Malik petitioner was arrested in some other case. On interrogation, he led the Police and the recovery witnesses to his dera and produced one buffalo, which was taken into possession under section 550, Cr. P. C. vide Exh. P H, dated 1^stJune, 1971. The memo was attested by Nazir Ahmad son of Niamat and Muhammad Ali, After this recovery, Nazir Ahmad (owner of the buffalo) made statement, on 2nd June, 1971, and the case was registered.

2. The prosecution examined Nazir Ahmad, A. S. I., Nazir Ahmad son of Niamat and Nazir Ahmad complainant, in order to prove the case. Muhammad Ali another recovery witness was not produced, Nazir Ahmad, the second recovery witness was resident of village Malikay, whereas the recovery had taken place in village Bhadday. It was admitted by Nazir Ahmad recovery witness that he had joined the Police party from) C. I. A. Staff, Gujranwala. He further admitted that he was a retired constable and he had given evidence in three/four other cases. He) appeared to be a stock witness of the Police. He admitted that some other persons were present at the time of recovery but they were not made to join the investigation. These circumstances made the recovery doubtful. The trial Court as well as the appellate Court did not take notice of these circumstances. The prosecution failed to prove the recovery of the stolen buffalo from the petitioner through reliable evidence, The revision petition is accepted and the judgments of the two Courts below are set aside. The petitioner is acquitted of the charge. He is on bail and is discharged of his bail bonds.

Revision allowed.

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