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1991 MLD 1786

ATTAULLAH KHAN vs THE STATE

Citation1991 MLD 1786
CourtLahore High Court
Case No.Criminal Revision No,391 of 1990
Date1991-05-29
Judge(s)Muhammad Munir Khan
ResultRevision accepted

' Ata Ullah Khan, petitioner, stands convicted under section 379/411, P.P.C. And sentenced to one year's R.I. On each count with the direction that the sentences shall run concurrently.

2. Since after hearing the learned counsel for the parties, I feel inclined to accept this revision and set aside the conviction and sentence on account of legal infirmity, so I need not set out the facts in detail and enter into the merits of the case. I find that under law, it is not possible to convict the same person as a thief and as a receiver of the stolen property. Since in this case, the Courts below have convicted the petitioner under two offences on the charge of theft and retaining the stolen property, so there is no option but to accept the revision.

3. For what has been said above, the revision is accepted and the petitioner is acquitted of the charges. He is on bail. He stands discharged of his bail bond.

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