Khizar Hayat petitioner was tried separately in two cases under section 411, P.P.C. On the charge of keeping the stolen mares, which were allegedly recovered from him by Haq Nawaz, A.S.I. On 13-5- 1980. The trial Court convicted him in both the cases and sentenced him to one year's R.I. In each case. Feeling aggrieved, he filed two separate appeals, which were dismissed by the learned Additional Sessions Judge on 2-10-1982. I propose to dispose of these two revisions through this single judgment.
2. No one has appeared for the petitioner. Since the revision, after having been admitted, cannot be dismissed for non-prosecution, so I have examined the case with the assistance of the learned counsel for the State. I find that in these cases, it was during a Nakabandi that Haq Nawaz, A.S.I.
Recovered two mares from the petitioner as suspected stolen property under section 550 of the Cr.P.C. In a case giving rise to Criminal Revision No.627 of 1982, Bashir Ahmad P.W. Approached the police after some days of the alleged recovery and stated that one year back, his mare was stolen.
He identified one of the two mares allegedly recovered from the petitioner as his mare. In a case giving rise to Criminal a Revision No.628 of 1982, Gul Sher P.W. Appeared before the police and stated that five months back, his mare was stolen from his house. He identified the other mare allegedly recovered from the petitioner as his stolen mare. Furthermore, no person from the public was produced to prove the recovery of mares from the petitioner. Since no case was registered with regard to the theft of the mares, which allegedly were recovered from the petitioner on 13-5- 1980, therefore, it cannot be said that the petitioner was keeping the two mares dishonestly knowing the same to be stolen property.
3. Pursuant to the above discussion, the revisions are accepted and the conviction and sentence of the petitioner is set aside. He is acquitted of the charge. He is on bail. He stands discharged of his bail bonds.