Muhammad Jameel alias Teddi and Rashid Ahmad, petitioners, stand convicted under section 411, P.P.C. And sentenced to six months' R.I. On the charge of keeping iron-box Exh. P.1 containing Articles Exh.P.2/1-22 stolen from the house of Ahmad Din on the night between 18/19-9-1985.
2. According to the prosecution case, Ahmad Din and Muhammad Ashraf P.Ws. Saw the three accused, namely, Jameel, Rashid and Khawar Iqbal taking away iron-box. On the hue and cry raised by the complainant, the petitioners Muhammad Jameel and Rashid Ahmad ran away, but Khawar Iqbal was apprehended alongwith the iron-box containing Articles Exh.P.2/1-22.
3. The petitioners and Khawar Iqbal were tried under section 457/380, P.P.C. And ultimately convicted under section 411, P.P.C. And sentenced to six months' R.I. Each. The appeal filed by them was dismissed by the learned Sessions Judge, Kasur, on 12-1-1988, hence this petition.
4. No one has appeared for the parties. Since revision, after having been admitted, cannot be dismissed for non-prosecution, so I have examined the case myself.
5. I find that the iron-box containing the stolen articles was recovered from the physical possession of Khawar Iqbal and not from the possession of the petitioners, so they could not have been convicted under section 411, P.P.C. In any case, the possession of the petitioners of the stolen property at the most being' joint, the conviction of the petitioners cannot sustain.
6. Pursuant to the above discussion, this revision is accepted. The conviction and sentence of the petitioners is set aside. They are acquitted of the charge. They are on bail. They stand discharged of their bail bonds.