' The petitioner Hadayat was convicted by a Magistrate at Sahiwal of an offence under section 411 of the Pakistan Penal Code and was sentenced to undergo rigorous imprisonment for a period of one year. He preferred an appeal against his conviction and sentence but it was dismissed by the Additional Sessions Judge, at Sahiwal. He has now come on the revisional side to this Court.
2. It appears from the record that on the night between 8/9-1-1974 a mare belonging to Farid (P. W.
6) was stolen from his house. He organised a khura party to search for his mare but without any success. The suspicion fell on the petitioner and he was asked by the khura party to help in recovery of the mare which he promised to do. In the meanwhile, Farid (P. W. 6) went to Police Station, Harrapa and lodged an F. I. R. At 10-30 a.m. On 9-1-1974. On the following day the petitioner produced the mare before Farid (P. W.I6) and Nusrat W. 3) who took the same to the Investigating Officer.
3. It is clear from the statements of Nusrat (P. W. 3) and Farid (P. W. 6) that khura party had not found the petitioner in possession of the stolen mare. It also appears from the statement of Nusrat (P. W. 3) that the petitioner's assistance was sought by the khura party in recovering the stolen mare. This being so when the petitioner produced the mare before the witnesses it cannot be said that he had brought it out of his own possession. The mere fact that the petitioner was able to find the stolen mare on the day following its theft is in the circumstances of this case entirely insufficient to support the inference that he had kept it with himself. At worst, it engenders suspicion of involvement against him but that cannot be treated as substitute for proof. I should, therefore, think that the conviction and the sentence of the petitioner under section 411 of the Pakistan Penal Code are based on no evidence and accordingly set them aside. He is already on bail. His bail bond shall stand discharged.