' This revision application is directed against the judgment of Sessions Judge, Karachi dated 8.3- 1972 affirming the conviction of the applicant for offence under section 411, P. P. C. And a sentence of 12 months' R. I. And fine of Rs, 300 or in default further R. I. For 3 months passed by A. C. M. Court No, 11, Karachi.
2. The facts of the case in brief are that complainant Mst. Mussarat Jehan and her sister Shahnaz resided with their mother in a house at Nazimabad. Mst. Shehnaz worked as actress. On the night between 24th and 25th July, 1970 complainant Mst. Mussarat Jehan had accompanied her sister to Eastern Studios and on her return she had kept her purse containing the gold necklace, pair of gold earrings and a gold bracelet in the drawer of the side table of her bed. In the morning she found the purse hanging from the dressing table and on openining it she found her ornaments missing. A report was then lodged with the Police on the same day at 9-30 p.m. In the F. I. R. She showed suspicion against driver Ranjha the present applicant and the washerman who had access to,the house. The police commenced, the investigation. The applicant was interrogated on 1-10-1970. He then stated to the Police that, ornaments were kept in his house. He led the police and the mashirs and from his box which he opened with a key the gold ornaments were recovered lying with his clothes. They were identified by complainant Mst. Mussarat Jehan and they were according to the description given in the F.
1. R. Namely, one gtuband or gold necklace, one kara or gold bracelet and one pair of jhumkar or ear-rings of gold. The applicant was then sent up in Court. The version of the applicant was that these ornaments belonged to his wife. He produced his wife and one Anwar who worked in the shop of a goldsmith as defence witnesses, to establish that 12 gold bangles were got melted and out of the gold, the necklace, the ear rings and bracelet had been got made by the applicant.
3. It has been argued that the applicant has been falsely implicated by Mst. Mussarat and her younger sister Shehnaz because they owed the applicant arrears of salary and in order to avoid payment of salary they lodged a false report. It is, however, hard to believe that the ladies who were working as film artists would approach the police and lodge a false report just to avoid payment of the salary of their driver. It has then been argued that the identity of the stolen ornaments has not been established. Mst. Mussarat Jehan has, however, stated in her evidence that the ornaments recovered by the police are her property. She had produced the jeweller's name and address on the card before the police though she had not actually produced the bill or the cash memo. The person who wears the ornaments constantly and keeps them in the purse can easily identify them. The orna ments of similar description, were found from the suit case of the driver.
' I hey were just the ornaments which had been mentioned in the first report and they were neither more nor less than the ornaments shown there. Such a coincidence is rare. It cannot, therefore, be believed that these ornaments would be the property of the applicant's wife.
4. The appreciation and evaluation of evidence by both the Court below cannot, therefore be called in question. In view of these concurrent findings of fact there appears hardly any reason for interference. The conviction and sentence passed against the applicant are accordingly maintained and the revision application is dismissed.
5. The applicant is on bail. His bail bond is cancelled and he may be remanded to custody to serve out the remaining portion of his sentence. .