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Criminal Revision Application No. 117 of 1961, decided on 19th May 1961.
, S. 411‑Stolen goods recovered at instance of accused from his house‑Possession not exclusive-- Conviction under S. 411 set aside.
Khan v. Crown P L D 1955 Sind 65 rel.
Muhammad Hayat Junejo for Appellant.
Muhammad Haleem for the State.
Date of hearing : 19th May 1961.
The applicant has been convicted under section 411, P. P. C. The only fact that is relevant for the disposal of this application is that some stolen articles were recovered from a corn bin at the instance of the applicant from his house.
2. Mr. Junejo, the learned Advocate for the applicant, contended that admittedly the corn bin from which the stolen goods were recovered at the instance of the applicant 'vas kept in a house which was not in exclusive possession of the applicant. P. W. Rijhumal complainant admits that along with the applicant another male member was also residing in the house. The evidence of the Mashirs Piaro and Jagatmal would also support the contention of the learned Advocate that one more person was residing in the house. They state about the presence of one more person. This evidence read along with that of the complainant would support the contention of the learned Advocate that one more male member was residing in the house. A corn bin is to be found in almost every house in a village and is accessible to every member of the house. Mr. Junejo relied in support of his contention on a Division Bench authority of this Court Khan v. The Crown (P L D 1955 Sind 65). I would in these circumstances, set aside the conviction of the applicant and the sentence passed on him.
S. B /A. H.
Application accepted.
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