MUKESH Vs. STATE OF U P

JUDGEMENT

(1.) KUNDAN Singh, J. This revision has been preferred against the judgment and order dated 27th July, 1984 passed by the Additional Sessions Judge, Ghaziabad, dismissing Criminal Appeal No. 34 of 1984, Mukesh v. State of U. P. , confirming the conviction and sentence of one year under Section 411 of the Indian Penal Code, (IPC) awarded by the Additional Chief Judicial Magistrate, Ghaziabad, in Case No. 893 of 1981 -State v. Mukesh by his judgment and order dated 28th February, 1984.

(2.) A first information report was lodged regarding the theft of an Ambas sador Car No. DHB 8515 on 6th February, 1981. An accused, namely, Subhash was arrested in another case; while he was being interrogated by the Inspector of Police, he disclosed about the theft of the stolen car, which met with an accident and at that time the applicant was also with him. The applicant also sustained injury. On the information received from Sub-hash accused, the present applicant was arrested and on his pointing out, on 13th February ,1981 the car was recovered from an Ahata, in which new quarters of Ghaziabad Development Authority were under construction on the road between Bhatia Potteries and Rakesh Marg. The applicant also confessed before the police that he had stolen that car from a place near Holy Child School in Nehru Nagar about six-seven days back.

(3.) LEARNED Counsel for the applicant submitted that the conviction and sen tence are bad in law inasmuch as even, according to the prosecution, the car was recovered at the pointing of the applicant from a public place, which cannot be at tributed to be in exclusive possession and control of the applicant and unless it is proved that the applicant had exclusive possession and control over the property recovered at his instance, no conviction can be recorded.