MOHD ILYAS Vs. STATE

JUDGEMENT

(1.) The applicant, Mohammad Ilyas, was convicted by a first class Judicial Magistrate of Partabgarh of an offence under Section 411, Penal Code, and sentenced to undergo rigorous imprisonment for nine months. The decision was affirmed by the Additional Civil and Sessions Judge, Partabgarh, and the accused has coma up to this Court in revision. The case which the Courts below have found against him is that he dishonestly retained six watches which were stolen on the night between 8th and 9th November 1949, from the shop of Abdul Raoof knowing or having reason to believe that they were stolen property.

(2.) The report in respect of the theft was lodged by Abdul Raoof on 9th November 1949, at Partabgarh Kotwali. The evidence indicated that on 16th November 1949, Vidyadhar, head constable, who was in charge of the MacAndrew Ganj outpost was informed by the complainant that Muhammad Ilyas was trying to dispose of a watch at the house of a prostitute in Partabgarh at an inordinately low pries. He, therefore, proceeded to the house and took possession of the watch (EX. l) and though the accused protested that it belonged to him, he effected Ilyas's arrest.

(3.) As regards Ex. 1, it was eventually found that it was not part of the stolen property. It was proved, however by reliable evidence: (1) That Ilyas while under arrest disclosed to Vidyadhar that he had kept six watches with one Narendra Bahadur at the latter's hotel; (2) That he accompanied the head constable to the place and on reaching there, asked Narendra Bahadur to produce the watches; and (3) That a bundle containing watches was brought out by Narendra Bahadur in consequence of Ilyas's request and handed over to the head constable.