Ahmad Hassan, petitioner, was tried on the charge of keeping stolen car of Riaz All Shah, which was recovered from him on 31-3-1977. He was convicted by the trial Court under section 411, P.P.C. On 25-3-1980 and sentenced to one year's R.I. And a fine of Rs.1,000 or in default thereof 3 months' R.I.
The appeal filed by him was dismissed by the learned Additional Sessions Judge, Lahore on 16-3- 1981.
2. To prove its case, the prosecution produced 4 witnesses. Muzaffar Mubbaraq, A.S.I. P.W.2, and Sadat Ali Shah, S.I. P.W.3 are the witnesses of the recovery of stolen car from the petitioner. Riaz Ali Shah appeared as P.W.4. He stated that his car was stolen on 13-3-1973 from the street in front of his house situate in Mughalpur, Lahore. Dilawar, A.S.I. P.W.4, had drawn up the formal F.I.R.
3. When examined under section 342, Cr.P.C. The petitioner denied the recovery of stolen car from him.
4. Learned counsel for the petitioner submitted that the recovery of car has falsely been planted on the petitioner, that the car was nut recovered from him on 31-3-1973, in fact the car met with an accident on 29-3-1973 at about 8-30 a.m. Resulting in total damage and it was sold by Eastern General Insurance Company Limited, on 4-4-1974 to Abdul Waheed Butt, Proprietor, Naveed Motor Limited, Lahore for Rs.10,000. No one has appeared for the State.
5. I have considered the matter carefully. I feel pursuaded to accept this revision. The admitting order dated 22-4-1981 reveals that the car of the complainant was smashed in an accident which took place on 29-3-1973 at 8-30 a.m., and was subsequently sold by Eastern General Insurance Company Limited to Abdul Waheed Butt and as such the story of the prosecution that the car was recovered tom the possession of the petitioner on 31-3-1973 does not appear to be correct.
Furthermore, the car was not produced in the Court at the time of the statement of the recovery witnesses. For these reasons, I feel that the prosecution has not been able to prove its case beyond reasonable doubt.
6. For what has been stated above, the revision is accepted. The conviction and sentence of the petitioner is set aside and he is acquitted of the charge.