Pakistan Penal Code 1860 Section 380

380.  Theft in dwelling house, etc.--Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

COMMENTARY

Scope and extent. Conviction on the basis of circumstantial evidence possible if of convincing quality and without any blemish. PLD 1984 S.C. (AJK) 29. Decision of Arbitrator. Illegal. Against public policy. 1990 MLD 1455. Private complaint. Magistrate has no jurisdiction to try. 1989 PCr.LJ 2436. Complaints in respect of thefts on promulgation of Enforcement of Hudood Ordinance, 1979. Court of Magistrate not competent. 1987 PCr.LJ 615. Case property not produced. PLD 1987 FSC 43.

Sentence awarded to respondents under S. 380 P.P.C. does call for interference, therefore the same was set aside and respondents were acquitted from the charge under S. 380 P.P.C. PLJ 2005 Cr.C. (Lahore) 312.

Said compromise effected between parties was taken as a redeeming feature. Petitioner was behind the bars for the last more than four months and was stated to be previous non-convict. Bail after arrest granted. 2005 P.Cr.R. (Lah.) 323.

Special Judge constituted under Pakistan Criminal Law Amendment Act, 1958, had no jurisdiction to take cognizance of the matter to try such offence, thus cognizance taken by Special Judge was unlawful. Offences not mentioned in schedule. Plea raised by accused was that offences mentioned in F.I.R. were not triable by Special Judge. F.I.R. was registered u/Ss. 380 and 454 of P.P.C. and charge-sheet was also submitted under the same Sections of Pakistan Penal Code, 1860. Offences falling u/Ss. 380 and 454 of P.P.C. were not covered by the Schedule of Pakistan Criminal Law Amendment Act, 1958. Even there was no accusation of bribery and corruption against accused to constitute offence under Prevention of Corruption Act, 1947. High Court directed Special Judge to return charge-sheet/papers to police for proceeding in accordance with law as proceedings before Special Judge were illegal. PLJ 2007 Cr.C. (Karachi) 206.

There was nothing to prevent Court to pass separate sentences for offences under Sections 457 and 380, PPC, the Court was competent to convict the accused under both. 2006 SLR (FSC) 18 (c) = 2006 PCr.LJ 396.