MOHMED INAYATULLAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by special leave is directed against a judgment of the High Court of Bombay upholding the conviction and sentence passed against the appellant under Section 379, Penal Code. The facts are these:

(2.) The First Information Report of the theft lodged with the police by Murari Bhikaji Bidya (PW 1) Shed Superintendent of Haji Bunder, at 9.15, was as follows:

(3.) Sub-Inspector Thorat PW 7, conducted the investigation. After making inquiries from the Regional Transport Office, he traced the owner of the car, BML 6649, and requested him to send his car-driver to the Police station. Accordingly, the driver, Babu Vithal (PW 5), accompanied by the accused (appellant) appeared before the Sub-Inspector in the Police Station on September 26, 1968. The Sub-Inspector took the accused into custody. He then called the Panchas (including PW 6) and, in their presence, interrogated the accused who made a statement which was recorded by the Sub-Inspector. Rendered into English, this statement (incorporated in the Pnachnama Ex. C) reads: