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MUSA versus MESSRS HUSSAINBHOY KARIMJI & SONS


Pakistan Penal Code Section 411 was alleged to have rejected the appeal for special leave of appeal against the conviction, admitting the recovery of stolen goods from the hut, by the Supreme Court.

1968 P Cr. L J 1032

[Supreme Court]

Present: A. R. Cornelius, C. J. and Fazle-Akbar, J

SALAMAT-Petitioner

versus

THE STATE-Respondent

Petition for Special Leave to Appeal No. K-43 of 1967, decided on 12th February 1968.

(On appeal from the judgment and order .of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 20th June 1967, in Criminal Revision No. 146 of 1967).

Penal Code (XLV of 1860)

, S. 411-Accused admitting recovery of stolen goods from his hut-Petition for Special Leave to Appeal against conviction, rejected by Supreme Court.

Amanat Hussain for Petitioner.

Nemo for the State.

Date of hearing: 12th February 1968.

JUDGMENT

FAZLE-ARBAR, J.

-The petitioner was convicted by the Additional City Magistrate, Karachi, under section 411, P. P. C. and sentenced to rigorous imprisonment for six months and the said conviction was upheld on appeal and in revision. He now seeks special leave to appeal to this Court. The father of the petitioner has appeared in person.

He has submitted that as the name of this petitioner was not mentioned in the F. 1. R., he should have been given the benefit of doubt. Before the trial Court this petitioner admitted that the stolen goods were recovered from his hut. His defence was that as he bad exchanged hot words with the complainant who was his employer, be was falsely implicated in this case. The prosecution has proved beyond any doubt that the stolen goods were recovered from his possession and that he retained them knowing that the same were stolen property.

We accordingly dismiss this petition.

Leave refused,

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