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Petitioner: MUHAMMAD SADIQ Alias SADDI VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Muhammad Munir Khan Title: MUHAMMAD SADIQ Alias SADDI vs THE STATE Case No.: Revision No.236 of 1983 Date of Judgment:1991-02-11 Reported As: 1991 P Cr. L J 1184 Result: Revision accepted
JUDGMENT
JUDGMENT Muhammad Sadiq petitioner stands convicted under section 411, P.P.C. And sentenced to six months' R.I. And a fine of Rs.200, in default thereof one month's S.I. On the charge of keeping amplifier which was stolen from a mosque of Rangawala. 2. The F.I.R. Was lodged on 27-10-1978. The amplifier was recovered on 31-10-1978 by Muhammad Siddiq S.I. P.W.5 and was taken into possession as suspected stolen property under section 550, Cr.P.C. 3. After hearing the learned counsel I feel inclined to accept this revision on the short ground that the amplifier was not produced in the Court at the time of the statement of the recovery witnesses and the statement of Muhammad Anwar complainant P.W.2 and as such it cannot be said that the amplifier recovered from the petitioner was the same which was stolen away from mosque of Rangawala. This being the position, the prosecution has not been able to prove beyond reasonable doubt that the petitioner was dishonestly keeping amplifier knowing the same to be stolen one. For what has been said above, the revision is accepted. The conviction and sentence of the petitioner is set aside and he is acquitted of the charge.