' Muhammad Bashir, petitioner, stands convicted under section 411, P.P.C. And sentenced to six months' R.I. On the charge of keeping two stolen she-buffaloes of Muhammad Tufail P.W.3.
2. Abdul Ahad S.I. Arrested the petitioner under section 109/55, Cr.P.C. And recovered two she- buffaloes from him on 14-9-1979 as suspected stolen property. Thereafter, Muhammad Tufail P.W.
Came to the Police Station and identified his she-buffaloes and lodged the F.I.R.
3. To prove its case, the prosecution produced four witnesses. Muhammad Tufail P.W.3 supported the story of theft of his she-buffaloes. Saif Muhammad P.W.1, Abdul Hamid P.W.2 and Abdul Ahad S.I.
P.W.4 stated that at the eventful time, they recovered two she-buffaloes from the petitioner.
4. When examined under section 342, Cr.P.C., the petitioner denied all the IA incriminating circumstances. He raised plea of false implication.
5. No one has appeared for the petitioner. Since 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 no report was made by Muhammad Tufail with regard to the theft of his she-buffaloes and, as such, it cannot be said that the petitioner was keeping the she- buffaloes with him knowing the same to be the stolen property. Furthermore, the buffaloes were not produced in the Court at the time of recording the statements of the recovery witnesses.
6. For what has been said above, I feel that the prosecution has not been able to prove its case beyond reasonable doubt. So the revision is accepted and C 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 bond.