AYUB ALI vs The STATE — 1971 SCMR 67

Citation: 1971 SCMR 67

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-06-17

Parties: AYUB ALI vs The STATE

Headnotes

Case cited as 1971 SCMR 67

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan Title: AYUB ALI vs The STATE Case No.:Criminal Revision No. 743 of 1968 Petition for Special Leave to Appeal No. 18-D of 1970 Date of Judgment:1971-06-17 Reported As: 1971 SCMR 67 Result: Petition dismissed Judgment ORDER HAMOODUR RAHMAN, C. J.-The petitioner was tried and convicted under section 379 of the Pakistan Penal Code for the theft of a bicycle and sentenced to suffer rigorous imprisonment for two years. The prosecution case against him was that he was caught red-handed riding away on the bicycle of the complainant. He was chased for a distance by the complainant and two others on bicycles but they could not overtake him. Then they got into a jeep, followed him, caught hold of him along with the bicycle and took him to the police station. His defence was that he had taken the bicycle under a genuine mistake believing it to be his own Raleigh cycle. The cycle which he was caught riding, however, was a BECO cycle. Since he was caught red-handed in possession of the stolen cycle immediately after the theft, the onus was upon him to account for the possession of the cycle under section 114, illustration `a' of the Evidence Act. The trial Court was, therefore, right in placing this onus upon him. His conviction has been upheld on appeal by the Additional Sessions Judge of Mymensingh and the High Court has refused to interfere in revision. The petition for special leave is also barred by…

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