MUKHTAR ALI vs THE STATE — 1971 PLD 725

Citation: 1971 PLD 725

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-05-28

Parties: MUKHTAR ALI vs THE STATE

Headnotes

Case cited as PLD 1971 Supreme Court 725

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: MUKHTAR ALI vs THE STATE Case No.: Criminal Appeal No, 88 of 1970 Date of Judgment:1971-05-28 Reported As: PLD 1971 Supreme Court 725 Result: Appeal accepted JUDGMENT JUDGMENT MUHAMMAD YAQUB ALI, J.--The petitioner stands convicted under section 411, P. P. C. and sentenced to six months' rigorous imprisonment for having received and retained in possession a bicycle stolen from the custody of Mumtazur Rahman (P. W.). Leave to appeal was granted to consider whether the prosecution had led any evidence in proof of the guilty knowledge on the part of the appellant to warrant his conviction under section 411, P. P. C. It is not disputed by the learned counsel for the appellant that bicycle P. 1 was purchased by the brother of Mumtazur Rahman (P. W.) in 1953 for Rs, 180 and that on the 21st January 1962, the bicycle was stolen from the custody of Mumtazur Rahman that the bicycle was sold by the appellant to Nazar Chiragh Shah (P. W.) on 14-11-1964 for a sum of Rs, 50; and that the latter sold the bicycle to Muhammad Yasin (P. W. 1) and it was recovered from his custody by the Police on 29-5-1965. The learned counsel, however, contended that it was not an offence to receive or retain in possession stolen property unless it was shown that the appellant had acted dis-honestly or had reason to believe that the property received or retained by him was stolen property.…

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