' JUSTICE ABDUL SHAKURUL SALAM (CHAIRMAN).---This appeal by Sana Ullah and Muhammad Hanif is directed against the judgment of the learned Special Court for Speedy Trial, Lahore, dated 22-7- 1992, whereby they were convicted under section 411/34, P.P,C. And sentenced each to undergo three years' R.I. And a fine of Rs,10,000, in default to suffer further three months' R.I.
2. Relevant facts are that Captain (Retd.) Khuda Bakhsh P.W.1 was going for Jumma prayers in his Car Ex at 1-45 p.m. The car was being driven by Niaz Muhammad P.W.2. He was accompanied by Muhammad Zafar and Muhammad Irshad. The car was stopped on the way. Three persons whose identification marks were given stopped the car. One of them placed a gun on the temple of the driver, snatched the car and sat on the scat of the driver. He got the complainant out of the car. He dropped the other three on the way. The F.I.R. Was lodged at 2-15 p.m. The same day viz 8-11-1991 at the P.S. Darya Khan, District Bhakkar. Search was made for the car. On 10-11-1991, the police apprehended the car which was being driven by Sana Ullah and Muhammad Hanif was sitting alongwith him. After necessary recoveries and investigation, the two appellants alongwith two others were challaned under section 397/34, P.P.C. And the two appellants also under section 411/34, P.P.C. The other two were acquitted but the appellants convicted under section 411/34, P.P.C., as stated above.
3. The evidence of the recovery of the stolen car from Sana Ullah was furnished by Khuda Bakhsh the complainant owner of the car P.W.1, its driver Niaz. Ahmad P.W.2 and Niamat Ullah Shah Inspector/S.H.O. P,W.6. Plea of the accused/appellants was false involvement.
4. We have been taken through the evidence on the record and find no justification to disbelieve the complainant and Niamat Ullah Shah, Investigating Officer that the car was recovered from the possession of Sana Ullah. It is undisputed that the car was stolen. His conviction is, therefore, well- based and his appeal is, therefore, dismissed.
5. As regards Muhammad Hanif it was said that he was sitting with Sana Ullah when the car was recovered. It was not recovered from him. The assertion that he was one of the persons who had snatched the car has not resulted in his or others' conviction under section 397/34, P.P.C. In the circumstances, the case against him under section 411, P.P.C. Is not proved' beyond reasonable doubt. He is, therefore, given benefit of doubt and is acquitted. He shall be released forthwith if not required in any other case.