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Criminal Petition No.57‑R of 1983, decided on 4th February, 1984.

(On appeal from the judgment and order, dated 24th April, 1983, passed by the Lahore High Court, in Criminal Revision No. 53 of 1983).

‑ Art 185(3)‑‑Penal Code (XLV of 1860), S. 411‑‑Conviction for possessing stolen property‑‑Record and judgments of Courts below showing existence of legal evidence to sustain conviction of accused‑‑No reason found for appraisal of evidence‑‑Leave to appeal refused.

Muhammad Nawaz Abbasi, Advocate Supreme Court instructed by Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner.

Nemo for the State.

Date of hearing: 4th February, 1984.

,‑‑ The petitioner herein was convicted under section 411, P.P.C. and sentenced to suffer two years' rigorous imprisonment by a Magistrate exercising powers under section 30 by order dated the 19th February, 1983. His conviction and sentence was upheld not only by the Additional Sessions Judge, Attock, but ‑also by the High Court while dismissing his revision in limine.

We have examined the record and judgments of the Courts below and we find that there is legal evidence to sustain his conviction on that charge. It will be of relevance to mention here that he did not claim the stolen articles to be his nor did he give any reasonable explanation as to how he came into possession of those articles. His only defence was that he was falsely implicated because of his enmity with the Investigating Officer. But on questioning the counsel appearing on his behalf it transpires that the investigating Officer is not the one with whom he had alleged enmity.

There is, accordingly, no reason for us to reappraise the evidence and finding no force in this petition we dismiss it.

S . Q . Petition dismissed.

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