MATIAR RAHMAN vs The STATE — 1970 SCMR 877

Citation: 1970 SCMR 877

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: MATIAR RAHMAN vs The STATE

Headnotes

Case cited as 1970 SCMR 877

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman Title: MATIAR RAHMAN vs The STATE Case No.:Criminal Revision No. 128 of 1970 Petition for Special Leave to Appeal No. 17- JUDGMENT Reported As: 1970 SCMR 877 Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner was convicted under section 411 of the Penal Code for being in possession of a stolen heifer, for which he could not render any satisfactory explanation. He was caught moving with the heifer at about 2-00 a.m. At night. His companions escaped but the petitioner was caught on the spot with the heifer by the police patrol party. It is said that he could not offer any satisfactory explanation for --the possession of the heifer. He was arrested and taken to the police station. At about 9-00 a.m. The following morning one, Bahadur Ali Pramanik, came to the police station to lodge an F. .I. R. With regard to the theft of his heifer but at the police station he saw his heifer and recognized it. He then lodged his first information report. The petitioner was sent up for trial. At the trial he set up the defence that the heifer belonged to him. He stated that he had taken it to the market for sale the previous day but as it could not be disposed of he was bringing it home when he was caught by the patrol party. In support of his claim he examined also two witnesses. The trial Court disbelieved the defence witnesses and accepted the prosecution case that the heifer…

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