' FALAK SHER, J.--- The learned Judge, Punjab Special Court for Speedy Trials No,1 Lahore vide the impugned judgment, dated 8-2-1989 acquitting co-accused Abdul Malik convicted and sentenced the appellant Qadeer alias Bodi (28) under section 392, P.P.C., read with section 397 thereof to 8 years' R.I. With a fine of Rs,2,000 in default to serve 6 months' R.I. Availing the benefit contemplated by section 382-B, Cr.P.C. Who has impugned legality thereof through jail vide Criminal Appeal No,10/J of 1989.
2. On the basis of written statement Exh.PA. Of Muhammad Ismail P.W.2 formal F.I.R. Exh.PA./1 was registered by Muhammad Bashir/Moharrir, A.S.I. P.W.1 at Police Station Model Town, Gujranwala on 26-3-1988 at 9-35 p.m. Alleging robbing off the complainant of freshly purchased new Datsun Sunny car, metallic gray colour 1988 Model at 8-30 p.m. Alongwith the documents thereof parked at Karim Steel Market, 4 furlongs away from the police station, at gun point by two persons identified by description throwing out the driver Suleman (not produced being untraceable) snatching away the complainant's purse and key ring.
3. Muhammad Ashraf, S.I. P.W.3 on receiving copy of the F.I.R. While on patrol duty proceeded to the spot around 10-00 p.m. Wherefrom he had to return since none was present save for a security guard and revisiting the next day around 10-00 p.m. Prepared rough site plan Exh.P.D., on 5-6-1988, formally recorded the appellant's as well as that of the acquitted co-accused's arrest already reduced into captivity in the case registered vide F.I.Rs, No,8 of 10-1-1988 under sections 382, P.P.C., and 48 of 16-2-1988 under section 394, P.P.C. Police Station Satellite Town, Gujranwala pursuant to the revelations made during the investigation and remanded them to the judicial custody the same day and was identified by the complainant on 12-6-1988 during identification parade conducted by Nur Ahmad Mirza, M.I.C., P.W.4 in Central Jail, Gujranwala, effected recovery of the stolen car P.1 from parking lot of Hilton Hotel, Lahore on 14-7-1988 at the pointation of the acquitted co-accused vide memo. Exh.P.B.
4. Muhammad Ismail complainant reiterating the prosecution story deposed to have identified the appellant while reversing the car under electric light.
5. The learned trial Court disbelieving the recovery being from an open public place accessible to all and that too at the instance of the acquitted to-accused having not been identified in the identification parade returned the verdict under appeal to which we are not inclined to subscribe because the appellant's exposure to the complainant prior to the identification parade being already with the Investigating Officer cannot be ruled out.
6. Consequently, for the safe administration of criminal justice, granting him the benefit of doubt, allowing the appeal, appellant's conviction and sentence is hereby set aside. He should be released forthwith if not required in any other case.