Find a Lawyer

Criminal Miscellaneous No. 1 of 1985 in Criminal Appeal No. 613/89 of 1985, decided on 22nd December, 1985.

--‑S. 426‑‑Penal Code (XLV of 1860), S.457‑‑Lurking house‑ trespass‑‑ Mare of complainant allegedly stolen‑‑No evidence on record showing house‑trespass‑‑One of witnesses--‑stating nothing about stolen mart‑‑‑Mare not produced in Court during trial‑‑Sentence of accused was suspended during pendency of appeal in circumstances.

Lal Khan Baloch for Petitioner.

Sh. Muhammad Nawaz for the State.

Date of hearing: 22nd December, 1985.

The petitioner has been convicted under section 457, P.P.C, anti sentenced to R.I. for five years and a fine of RS.5,000 or in default to suffer R.I. for one year.

2. Having gone through the record I find that there is no evidence, about the lurking house trespass. The complainant stated that on hearing the noise of barking of dog he came out and found the accused persons i.e. petitioner herein and acquitted accused Mappel holding his mare. One of the witnesses, namely Yara, did not state anything about the stolen mare and the judgment shows that the same was not produced in the Court during the trial. In the circumstances, the sentence of the petitioner is suspended subject to his furnishing security in the sum of Rs.20,000 with two sureties in the like amount to the satisfaction oft Assistant, Commissioner Chiniot.

S.A. Petition accepted.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.