| Citation(s) |
|---|
| 1969 SLG 185 1969 SLD 185 1969 SCMR 466 |
Supreme Court of Pakistan
Criminal Appeal No. 12D of 1957, decided on 3rd December 1957. DATE of hearing : 3rd December 1957, (On appeal from the order of the High Court of East Pakistan, Dacca, dated the 26th March 1957, in Criminal Appeal No. 118 of 1957).
MUHAMMAD MUNIR, C.J., M. SHAHABUDDIN, MUHAMMAD SHARIF AND AMIRUDDIN AHMAD, JJ
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Criminal Appeal No. 12D of 1957, decided on 3rd December 1957. DATE of hearing : 3rd December 1957, (On appeal from the order of the High Court of East Pakistan, Dacca, dated the 26th March 1957, in Criminal Appeal No. 118 of 1957).
MUHAMMAD MUNIR, C.J., M. SHAHABUDDIN, MUHAMMAD SHARIF AND AMIRUDDIN AHMAD, JJ
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SHAMSUL HAQUE No. II
VS
THE STATE
Law:
Section:
Penal Code (XLV of 1860)-------S. 411-Accused momentarily seen carrying stolen property in a bag and putting it in rickshaw occupied by owner of bag another accused guilty of theft-No inference that accused was aware of contents of bag. A. M. Sayem, Advocate Supreme Court instructed by Md. Fazlul Karim, Attorney for Appellant. M. H. Khandker, Advocate Supreme Court instructed by K. Hossain, Attorney for the State. Date of hearing : 3rd December 1957. JUDGMENT MUHAMMAD MUNIR, C. J.-This is an appeal by special leave ~of this Court in a criminal matter. Two persons, both named Shamsul Haq and referred to in the course of proceedings as Shamsul Haq I and Shamsul Haq II, were tried by Mr. A. S. Khan, Special Judge, Rangpur, on charges of theft and receiving stolen property, the allegation against them being that on the night of 23rd April 1955, Shamsul Haq I who was the Reference Clerk in the office of the Assistant Manager, Government Acquired Estate, Nilphamari, had stolen a sum of Rs. 4,923 from a safe in the record office of that Estate and that on the following day both the accused persons were found in possession of the stolen money near the Railway Station of Rangpur. The Special Judge convicted Shamsul Haq under section 381 of the Pakistan Penal Code and sentenced him to rigorous imprisonment for 411 years. The second Shamsul Haq who is appellant in the present case, was convicted only under section 411 of that Code and sentenced to rigorous imprisonment for 2 1/2 years. To the latter we gave leave to appeal on the ground whether the circumstantial evidence on which he had been found guilty was sufficient. We have not considered it necessary to hear the appellant. The theft was undoubtedly…
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