Citation Name: 2025 PCrLJ 517 KARACHI-HIGH-COURT-SINDHBookmark this Case Ayazullah vs State S — 2025 PCrLJ 517 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 PCrLJ 517 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: PCRLJ
Parties: Citation Name: 2025 PCrLJ 517 KARACHI-HIGH-COURT-SINDHBookmark this Case Ayazullah vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; S. 411; Penal Code (XLV of 1860)

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

Citation Name: 2025 PCrLJ 517 KARACHI-HIGH-COURT-SINDHBookmark this Case Ayazullah VS State S. 497---Penal Code (XLV of 1860), Ss.411 & 34---Dishonestly receiving stolen property and common intention---Bail---Essential elements of offence---Onus to prove---Primarily a person, immediately, after theft found to be in possession of the stolen property, the presumption would be that either he was a thief or in possession of goods with knowledge that those were stolen, however, mere possession of the stolen property was not sufficient to constitute an offense under S.411, P.P.C., rather it had 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 and in case of failure by the prosecution to prove the basic ingredients i.e. receipt or retention of property belonging to someone else, the property being stolen, the existence of knowledge or belief on the part of the person found in possession, and the receipt and retention as dishonest, no bail can be refused in such circumstances and no conviction can be awarded on such analogy.

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