Law:

Section:

Evidence Act (I of 1872), Ss. 27 and 114 ill. (a)-Property dug out of own field accessible to public by accused without any Incriminating statement accompanying the digging out-No pre­sumption of guilt. The condition precedent for the application of Ill. (a) to section 114, Evidence Act is that the accused must be in possession of stolen goods. The production of property by itself would not necessarily prove his possession. It would at the most show that the accused had knowledge that the property was kept or con­cealed. In the absence of any Incriminating statement made by the accused leading to the discovery of property, its production alone from a place which was accessible to the public would not be sufficient to establish his possession. The possession of the article must be clearly traced to him In order to justify the presumption under the illustration. JUDGMENT ABDUL MAJID, C. J.-The appellant Jumma was tried along with two other persons for offences punishable under sections 395 and 342 of the Azad Penal Code in respect of the dacoity com­mitted on the night between 9th and 10th April 1952 in the house of one Harder Sh h of village Tehdali, Police Station Gerhi Dopatta, District Muzaffarabad, by the Sessions Judge of Poonch and Muzaffarabad. The allegations of the prosecution were that the appellant and his two accused, Noor Din approver and Habibullah absconder forced their entry into the raided house and after beating and pinioning the Inmates, decamped with ornaments, clothes etc. The trial resulted in the acquittal of Ali Sher and Mir Hussain Shah accused. The appellant was convicted under section 411, A. P. C. and was sentenced to two years' rigorous imprisonment and Rs. 50 fine. The appellant was also ordered to suffer further rigorous imprisonment for three months in default of the payment of fine. Against the decision, the appellant has preferred the present appeal, In order to prove the guilt of the appellant, the prosecution depended upon two pieces of evidence. The first piece of evidence was the testimony of Noor-ud Din approver bat it was rejected by the learned Sessions Judge. The second piece of evidence consisted of the statements of…

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