Judgement

FAZL ALI, J. : I do not wish to express dissent from the order proposed by my learned brothers, as the order seems to be the logical consequence of the findings arrived at by the High Court in revision, which lend to throw very great doubt on one of the crucial questions in the case, namely, whether any theft was committed at all. It is clear that if there was no theft, the appellant s conviction for offences of which the main ingredient is theft, cannot be sustained. But I must confess that a careful reading of the judgment of the High Court has produced an uneasy feeling in my mind that the High Court has not bestowed the same care and attention upon the facts and the evidence of the case as they have received from the first two courts. There can be no doubt that where the interests of justice demand, the finding of the Courts, which normally deal with the facts of a case, may be reopened and may even be reversed by the High Court, but, before that is done, every item of relevant evidence upon which the findings to be reversed are based, should be carefully scrutinized and weighed.

2. In the present case, the conclusion arrived at by the learned Judges of the High Court t