Law:

Section:

(a) Penal Code (XLV of 1860), Ss. 380 & 411---Theft-Receiv­Ing stolen property--- Question whether possessor of stolen property should be presumed to be a thief or a receiver---Depends on facts of each particular case-Evidence Act (I of 1872), S. 114. The question whether the possessor should be presumed to be a thief or a receiver depends on the facts of each particular case. If a person is found in possession of stolen goods within a couple of weeks of the theft, the presumption should be raised that he is a thief, but if the goods are found in his possession, say, after about a month it would be safe to presume that he is a receiver of the stolen property. (b) Penal Code (XLV of 1860), Ss. 380 & 411---Theft---Property, subject of different thefts, recovered from possession of accused during one search---Accused can be convicted of one offence only under S. 411 unless such stolen property proved to have been received at different times. Where the stolen property which is the subject of different thefts is recovered from the possession of a person during one search, he can be convicted of one offence only of receiving the stolen property under section 411 unless it can be proved that the stolen property, the subject of different thefts, was received at different times. Gour's Penal Law of India, 45 All. 885 : 110 I C 673 ref. Nemo for Petitioner. Niaz Ahmed, Additional Advocate-General for the State. ORDER These are 8 jail petitions by the petitioner against his convictions and sentences under stations 380 and 411, Penal Code. Mohammad Akbar petitioner was arrested by the Police during the investigation of the Parcha Illat 124 of Thana Mirpur when Shamas Din Pathan of Chakswari made a report of the theft of various articles of clothing and other articles worth Rs. 458. The accused led the Police to his house in Hamidpur Colony saying that he had kept the stolen property, the subject of various thefts, in his house and can produce the same. Accordingly as a result of his house search various articles consisting of clothing, radios, jewellery, watches etc, numbering 126 were recovered. When the complainants In various other cases of theft identified…

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