IMAMUDDIN vs State S — 2022 YLR 963 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 963 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: IMAMUDDIN vs State S
Subject matter: Criminal
Provisions referred to: S. 411---D; S. 411

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

IMAMUDDIN VS State S. 411---Dishonestly receiving stolen property---Scope---Mere possession of the stolen property is not sufficient to constitute an offence under S.411, P.P.C. rather in addition, it has to be established that the person in possession of the stolen property had dishonestly received or retained the property knowing or having reasons to believe the same to be stolen---Onus is always on the prosecution to prove the essential elements of the offence---In case of failure on the part of the prosecution to prove the basic ingredients i.e. receipt or retention of property belonging to someone else, the property being stolen one, existence of knowledge or belief on the part of the person found in possession and the receipt and retention is dishonest, no conviction can be awarded.

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