MUHAMMAD ALI Versus THE STATE Nemo , Khalid Mahmood Farooqui for the State.

Muhammad Ali petitioner stands convicted under section 411, P.P.C. on the charge of keeping four sheep knowing the same to be stolen property.

2. The prosecution produced witnesses Sidayat, Shera and Ahmad P.Ws. stated that the sheep were stolen from the house of Ahmad on the night between 29/30-12-1978. They approached the petitioner who returned the sheep to them, which they produced before the police. Zaheer Abbas, A.S.I. stated that the complainant had produced the stolen sheep, which had been returned to him by the petitioner before him. When examined under section 342, Cr.P.C., he denied the incriminating circumstances. The trial Court convicted him on 28-8-1969 and sentenced him to one year's R.I. On appeal, the learned Sessions Judge reduced the sentence from one year to six months' R.I.

3. No one has appeared for the petitioner. I have examined the case with the assistance of the learned counsel for the State. I find that no case of theft was registered against the petitioner, that the F.I.R. was registered after 11 days of the alleged theft; that the story that the petitioner had voluntarily returned the sheep to the owner without any gratification does not appeal to reason. It is very easy to concoct such like cases but very difficult to rebut the same.

For what has been said above, I feel that the prosecution has failed to prove its case beyond reasonable doubts, so the revision is accepted and the petitioner is acquitted of the charge.

N.H.Q./M-2826/L Revision accepted.