Shahu, petitioner, was tried under section 411, P.P.C. On the charge of retaining stolen horse, which was allegedly recovered from him by Muhammad Khan, A.S.I. P.W.4. On 27-1-1982. The petitioner denied the charge. To prove its case prosecution produced four witnesses. Talib Hussain, P.W.1 and Muhammad Khan, A.S.I. P.W.4 have deposed about the recovery of horse from the petitioner on 27- 1-1982. Muhammad Iqbal P.W.2, is owner of the horse. He stated that about 20/22 days before the recovery, his horse was stolen from his Dera. Akbar Ali stated. .That the horse belonged to Muhammad Iqbal P.W. When examined under section 342, Cr.P.C. The petitioner denied the recovery of horse from him. In defence no witness was produced. The trial Court convicted him under section 411, P.P.C. And sentenced him to six months' R.I. On 17-11-1983. The appeal filed by the petitioner,, against his conviction and sentence was dismissed by the learned Additional Sessions Judge, Jhang on 4-3-1984.
2. Learned counsel submits that prosecution has failed to prove its case beyond reasonable doubt that the horse was a stolen property. Furthermore, the horse was not produced at the time of the statements of the witnesses and as such it cannot be said with certainty that the horse, which was recovered from the petitioner was the stolen one. The learned counsel for the State has supported the judgments of the Courts below.
3. I have considered the matter carefully. I feel persuaded to agree with the learned counsel for the petitioner. I find that although the horse vas stolen 20/22 days before the alleged recovery, yet no report of theft was lodged by Muhammad Iqbal with the police. Furthermore, the horse was not produced at the time of recording the statements of the witnesses. So it remains doubtful as to whether the horse, which was recovered by Muhammad Khan on 27-i-1982, was the stolen one. In the peculiar circumstances of the case, I feel that the prosecution has failed to prove the charge beyond reasonable doubt.
4. Pursuant to the above discussion, while giving him the benefit of doubt, the petitioner is acquitted of the charge. He is on bail and stands discharged of the bail bond.