GHULAM MUHAMMAD vs The STATE — 1972 SCMR 28

Citation: 1972 SCMR 28

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-07

Parties: GHULAM MUHAMMAD vs The STATE

Headnotes

Case cited as 1972 SCMR 28

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Sajjad Ahmad Jan Title: GHULAM MUHAMMAD vs The STATE Case No.: Criminal Appeal No. 28 of 1971 Criminal Revision No. 488 of 1969 Date of Judgment:1971-12-07 Reported As: 1972 SCMR 28 Result: Appeal accepted JUDGMENT JUDGMENT SAJJAD AJ;MAD, J.-Ghulam Muhammad, the appellant herein, was tried along with his father, Ghulam Qadir, for an offence under section 380, P. P. C. For having allegedly stolen a trunk containing cash, ornaments and clothing from the house of Mst. Iqbal Regum, a singing girl, on the night between the 14th and 15th of November 1964. Ghulam Qadir was acquitted but the appellant was convicted under section 411, P. P. C. And sentenced to 2 years' R. I. His appeal to the Sessions Judge and a revision in the High Court were dismissed. Leave was granted to him by this Court on the 16th October 1969, to consider the contention that the liability for the retention of the stolen property, which had allegedly been recovered from the house jointly occupied by the appellant and his father, could not be exclusively fixed on him. The recovery memo. Of the stolen property, Exh. P. B., which was prepared by the investigat--ing officer. S. I. Muhammad Aslam, P. W. 6, and witnessed by two recovery witnesses, P. Ws. Iftikhar Ahmad and Muhammad Hussain, and the complainant, Mst. Iqbal Begum, merely recites that the appellant gave the information that he would be able to show where the stolen property was. All…

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