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Criminal Revision No. 416 of 1964, decided on 10th November 1970.
S. 411‑--Allegedly stolen garments recovered from accused of ordinary type and bearing no specific mark of identification‑Neither a washerman nor a tailor produced to prove ownership of garments‑Conviction and sentence set aside in circumstances.
Ch. Feroze Diva for petitioner.
Nasim Ahmad Khan for the State.
Date of hearing : 10th November 1970.
The petitioner's conviction under section 411, P. P. C. is based on the statements of Ahmad (P. W. 1) and his wife Mst. Beevi (P. W. 4) who stated that the clothes Exh. P. 1 to Exh. P. 14, alleged to have been recovered from the petitioner, are their property. From the perusal of evidence it transpires that, there is no specific mark of identification on these clothes. The lady stated that some of them were repaired or sewn by her. This is not specific identification. The clothes are of ordinary type. Neither a, washerman nor a tailor has been produced to prove the ownership of these clothes. The conviction and sentence o f the petitioner are therefore set aside and he is acquitted. The bail bond is cancelled.
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