Law:

Section:

Penal Code (XLV of 1860), Ss. 380 & 411-Accused and his father hauled in and tried for theft-Stolen trunk alleged to have been recovered from the house of accused's father-Father acquitted but accused convicted under S. 411-Evidence of recover v unsatis­factory and trunk recovered from house jointly occupied by accused and his father-Benefit of doubt given to accused and his conviction set aside. Nasim Hassan, Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate-on-Record for Appellant. Major Mufti Nazar .Muhammad, Advocate Supreme Court instructed by Ijaz Ali, Advocate-on-Record (absent) for the State. Date of hearing : 7th December 1971. . JUDGMENT SAJJAD AJ;MAD, J.-Ghulam Muhammad, the appellant herein, was tried along with his father, Ghulam Qadir, for an offence under section 380, P. P. C. for having allegedly stolen a trunk containing cash, ornaments and clothing from the house of Mst. Iqbal Regum, a singing girl, on the night between the 14th and 15th of November 1964. Ghulam Qadir was acquitted but the appellant was convicted under section 411, P. P. C. and sentenced to 2 years' R. I. His appeal to the Sessions Judge and a revision in the High Court were dismissed. Leave was granted to him by this Court on the 16th October 1969, to consider the contention that the liability for the retention of the stolen property, which had allegedly been recovered from the house jointly occupied by the appellant and his father, could not be exclusively fixed on him. The recovery memo. of the stolen property, Exh. P. B., which was prepared by the investigat­ing officer. S. I. Muhammad Aslam, P. W. 6, and witnessed by two recovery witnesses, P. Ws. Iftikhar Ahmad and Muhammad Hussain, and the complainant, Mst. Iqbal Begum, merely recites that the appellant gave the information that he would be able to show where the stolen property was. All the recovery witnesses mentioned above stated at the trial that the appellant had also pointed out to the stolen trunk, which was lying underneath a charpoy from where it was recovered. The learned counsel for the appellant has referred us to the evidence of P. W. 2, Mst. Anwar, sister of the complainant Mst. Iqbal…

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