Law: Penal Code (XLV of 1860)

Section: 411

Penal Code (XLV of 1860) S. 411-Stolen property, recovery of-Names of two prosecution witnesses allegedly acquainted with circumstances of case not men tioned in F. I. R -Veracity of such witnesses doubtful-Testimony of such witnesses being excluded, uncorroborated testimony of com plainant alone left to prove offence-Recovery witnesses not persons of locality and also not disinterested-Prosecution, held, failed to prove its case beyond-reasonable doubt. [Witness-Recovery]. Date of hearing: 26th January, 1981.                                                                                                                         JUDGMENT This revision petition is directed against the judgment dated 5th February, 1970 rendered by the learned Additional Sessions Judge, Jhelum, whereby the petitioners' appeal was dismissed and their conviction under section 411, P. P. C. and the sentence of six months' R I. awarded to each one of them, by the learned Additional District Magistrate, Jhelum on 14th July, 1969 were upheld. 2. The facts of the case in brief are that Muhammad Ashraf P. W. I in pursuance of F. I. R. Exh. P. A. got a case under section 381, P. P. C. registered against the petitioners. The allegation was that he ran a cloth shop and the petitioners were employed by him as assistants. Raja Muhammad Afzal P. W. 2, purchased some cloth from his shop, it was wrapped in paper, the bundle was left by him at the shop to be taken away on the next morning. The complainant on the following morning when came to his shop, found that the bundle of cloth was missing, made enquiries and discovered that it was stolen by the petitioners. They wire tried under section 381, P. P. C. but convicted and sentenced under section 411, P. P. C, 3. In support of their case besides the statement of the complainant and the Investigating Officer, the prosecution relied on the…