if other conditions are fulfilled. This view receives support from the cases of Jiando v. State — 1962 PLD 288

Citation: 1962 PLD 288

Court: Dacca

Year: 1969

Decision Date: 1969-10-30

Parties: AINUL HUQ vs THE STATE-Opposite-Party

Headnotes

Emperor (AIR 1945 Lah. 27) and Kitab Ali v.

Judgment Text

Court Name: Dacca Judge(s): Abdul Hakim Title: AINUL HUQ vs THE STATE-Opposite-Party Case No.: Criminal Revision No. 599 of 1968 Date of Judgment:1969-10-30 Reported As: 1970 P Cr. L J 293 Result: Rule discharged JUDGMENT JUDGMENT This Rule is directed against an order of conviction passed by Mr. S. Q. S. Huda, Magistrate, 1st Class, Thakurgaon sentenc--ing the accused-petitioner under section 411, P. P. C. To suffer rigorous imprisonment for six months. The prosecution case, in short, is that on the night follow--ing Sunday, the 28th September 1965 there was a theft in the shop of P. W. 1 Md. Anisur Rahman. One Safidul saw the doors open and informed P. W. 1 who on going to the shop detected that some articles had been stolen away from there. P. W 1 narrated the occurrence to others and thereafter follow--ing the line of fallen rice from the shop to the house of accused Ainul Huq, went to the house of the accused. On interroga--tion by the local Chairman the accused confessed his guilt and brought out some articles, viz. German patromax light Exh. 1 and a gunny bag containing 1 maund 13 seers of rice Exh. 2 from a nearby sugar-cane field. Some stolen articles were also recovered from the house of the brother of the accused. The accused along with the recovered articles was produced to the thana where P. W. 1 lodged an ejahar. The local police investigated into the case and submitted a charge-sheet against the accused. He was thus put on trial before the learned Magistrate…

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