' Ahmad Jan was convicted and sentenced under section 411, P. P. C. By Magistrate Ist Class, Lahore to four months' R. I. Vide his judgment dated 14-11-1966. His appeal was dismissed by the learned Addl. Sessions Judge, Lahore vide his judgment dated 31-7-1967 and the sentence of the petitioner was maintained. Hence this revision petition admitted on 4-8-1967 when it was contended by the learned Judge that a cycle (stolen property) although stolen in 1953 was recovered on 20-11-1964 that is eleven years after the occurrence. The learned counsel urged that after the lapse of such a long time the presumption that the petitioner received this cycle as stolen property had weakened to such an extent that the petitioner should have been given the benefit of doubt. The petitioner was released on bail the same day.
2. I have heard the learned counsel for the parties. The facts of the case reveal that the petitioner was hardly a lad of ten years when actually theft of cycle (the stolen property in this case) took place. It would be a matter worth consideration to look into this case from angle as given above. A recovery after eleven years of a property like cycle even from the petitioner would hardly be a proven fact that he was keeping the same knowing it a stolen property. A life of a cycle if used commonly, would hardly be three to four years and there is nothing on the record to show that what happened to this property during this period of eleven years before it was found in possession of Ahmad Jan petitioner. It would be useless to dispute the fact of recovery itself but the ingredients of section 411 positively lay down that unless the same is retained knowing it to be a stolen property, no conviction can be made. There is nothing on the record to show that this boy of ten years ago at the time of theft had come into possession of the same know in it to be a stolen property.
3. In view of the above analysis of the facts of the case, I am of the considered opinion that if both the Courts below would have assessed the evidence in its true perspective, they would have come to a different conclusion. The result is that I accept this petition, set aside the conviction and sentence of the petitioner and acquit him. He is on bail and will stand discharged of his bail bond.