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Criminal Revision No. 462 of 1984, heard on 30th September, 1984.

Penal Code (XLV of 1860)--

---S. 411--Non-production of stolen property in Court--Effect Case property not produced in Court nor shown to witnesses--Accused, held could not have been convicted under S. 411, P.P.C.--Accused given benefit of doubt and acquitted in circumstances.

Syed Rizwan Hussain Shah for Petitioner.

Muhammad Akbar Tarar for the State.

Date of hearing: 30th September, 1984.

The facts giving rise to the revision petition are that Abdur Razzaq petitioner was originally tried by Abdul Mapd Saggu, Magistrate 1st Class, Faisalabad under section 411 P.P.C. for having dishonestly retained stolen property with him. He was convicted on the conclusion of trial and sentenced to six months R.I. Feeling aggrieved he filed appeal before the Additional Sessions Judge, Faisalabad who dismissed the same on 28-8-1984, hence this revision.

2. The learned counsel submits that since the case property was not produced in the Court and not exhibited, therefore, the conviction of the appellant under section 411 P.P.C. is not sustainable. On the other hand, the learned counsel for the State while supporting the judgment of the trial Court frankly admitted that the case property was not produced at the time of examination of the witnesses.

3. I have considered the arguments advanced by the learned counsel for the parties with care. I find that since admittedly the case property was not produced in the Court and was not shown to the prosecution witnesses, therefore, the petitioner could not have been convicted under section 411, P.P.C.

4. For what has been stated above, giving him the benefit of doubt, the appellant is acquitted of the charge. He shall be released forthwith, if not required in any other case.

S.A. Revision accepted.

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