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Petition for Special Leave to Appeal No. 315 of 1967, decided on 19th December 1967.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 6th November 1967, in Criminal Revision No. 875 of 1967).
S. 411‑Conviction under section-- Accused not claiming property recovered from him to be his own nor offering any explanation as to how he came into possession of that property‑Petition to Supreme Court for special leave to appeal on ground that property was not proved to be stolen --Leave to appeal refused.
Zia Mahmood Mirza, Advocate Supreme Court instructed by Abdul Karim, Attorney for Petitioner.
Nemo for the State.
Date of hearing: 19th December 1967.
The petitioner in this case has been convicted under section 411 of the Pakistan Penal Code for being found in possession of two axles of a truck (Exhs. P. 1 and P. 2) which had been identified as axles stolen from the truck of Abdul Jalil (P. W. 1). His conviction has been upheld by the learned Sessions Judge of Jhelum on appeal and also on revision by a learned Single Judge of the High Court of West Pakistan, Lahore.
The petitioner now seeks special leave to appeal and it is contended on his behalf that the conviction is not maintainable, as the axles taken from his possession have not been proved to be stolen. There is no substance at all in this contention, since all the Courts below have concurrently come to the finding that the evidence of P. W. 1 proved that the axles were of his truck and that they were missing.
In any event, since the petitioner never claimed the axles to be his own nor offered any explanation as to how they came into his possession, the presumption was that he knew that they were' stolen property. In the circumstances, his conviction was based on ample legal evidence. There is no ground for granting leave in this matter. This petition is accordingly, dismissed.
Petition dismissed.
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