Law: Penal Code (XLV of 1860)

Section: 411

Penal Code (XLV of 1860)--- ---S.411---Possession of stolen property---Evidence, appreciation of---No evidence was available on record of theft of horse against accused who was merely shown to be in possession of the same---Possession alone was not sufficient to establish guilt of accused in absence of evidence of dishonest receipt of property with knowledge or reasonable belief of its being stolen property---No prosecution witness had stated that accused had knowledge that the horse was stolen and that accused had dishonestly received it believing the same to be stolen---Prosecution showed nothing except that accused was seen going alongwith horse---Mere recovery of horse from accused was not sufficient to prove commission of offence under S. 411, P.P.C.---Evidence on record clearly showed that F.I,R. was recorded after some preliminary investigation and was not of much authenticity---Investigating Officer conceded that after recording statements of complainant and prosecution witnesses and preparing memos. he went back to police station and did not associate any person in investigating despite presence of a number of persons at the spot---Investigating Officer did not even visit the place from where horse was allegedly stolen nor the place from where accused was apprehended and horse was recovered and his conduct did not appear to be honest---Possibility of defence plea taken by the accused being true could not be ruled out---Accused was thus acquitted. Arjan Dass v Crown A I R 1923 Lah. 340 and Mukhtar Ali v. The State P L D 1971 S C 725 rel. Ch. Mahmood-ul-Hassan for Petitioner. Nazir Ahmad Ghazi, AA.-G for the State. Date of hearing: 23rd August, 1989. JUDGMENT The petitioner has challenged his conviction and sentence under section 411 P.P.C. The trial Court sentenced him to undergo R.I. for one year vide judgment dated 18-3-1989. The petitioner's appeal was dismissed by the learned Additional Sessions Judge, Gujranwala vide his judgment dated 22-5-1989. According to the prosecution story the complainant was sleeping at Mor Sheikhupura, Gujranwala on the night between 30th/31st of August, 1986 after tying his horse near the Wagon Adda. When he got up…