BHAROS Vs. EMPEROR

JUDGEMENT

(1.) This is a criminal revision from a conviction under Section 411 of the Indian Indian Penal Code. On the 23 of April 1923 a burglary was committed in the house of one Musammat, Maharaji, and she made a report the next morning, giving a list of articles including wearing apparel. It is important to note that among the articles she mentioned was a dhoti said to have had a tear in the border. A few days after that the Police searched the accused's house and, it is said, in the presence of two search witnesses, only one of whom has been examined in this Case, a dhoti was found hanging on a peg in a room which has no roof over it. This room contained some other articles of house-hold besides the dhoti. In front of this room there is another room, which is covered by a roof, and then there is a thatched portion of the house in which the accused, his wife and children live.

(2.) Musammat Maharaji and her son both recognised the dhoti as belonging to them, and the accused has been convicted under Section 411 of receiving or retaining stolen property.

(3.) The defence put forward, on behalf of the accused was that some five or six years before the alleged occurrence, he had filed a complaint for bribery against a local Police officer and that, therefore, the Police had a grudge against him. It was further suggested on his behalf that inasmuch as this room had no roof over it, it was very easy for any one to plant the dhoti in it.