| Case ID |
008bd16c-8e4b-4ccd-a0fe-94ba1aa35c10 |
| Body |
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| Case Number |
Criminal Appeal No. 12D of 1957 |
| Decision Date |
Dec 03, 1957 |
| Hearing Date |
Dec 03, 1957 |
| Decision |
The Supreme Court allowed the appeal and set aside the conviction and sentence of the appellant, Shamsul Haq II. The Court found that the circumstantial evidence presented was insufficient to prove that the appellant was aware of the contents of the bag he momentarily carried. The Court emphasized that mere possession of stolen property, without knowledge of its stolen nature, does not constitute guilt under the law. The appellant's acquittal was based on the lack of convincing evidence linking him to the crime committed by another individual, Shamsul Haq I. As a result, the appellant was discharged from his bond since he was already on bail. |
| Summary |
This case revolves around the appeal of Shamsul Haq II, who was convicted under Section 411 of the Penal Code for allegedly being in possession of stolen property. The Supreme Court of Pakistan scrutinized the circumstantial evidence against him, particularly focusing on the moment he was seen carrying a bag containing stolen currency notes. The Court highlighted the necessity of proving knowledge of the stolen nature of the property for a conviction under Section 411. The judgment underscored the legal principle that possession alone is not sufficient for conviction without evidence linking the accused to the crime. This appeal sets a significant precedent regarding the standards of evidence required in theft-related cases. Keywords such as 'criminal appeal', 'Supreme Court of Pakistan', 'stolen property', 'Penal Code', and 'acquittal' are relevant for SEO optimization in legal contexts. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MUNIR, C.J.,
M. SHAHABUDDIN,
MUHAMMAD SHARIF,
AMIRUDDIN AHMAD, JJ
|
| Lawyers |
A. M. Sayem, Advocate Supreme Court,
M. H. Khandker, Advocate Supreme Court
|
| Petitioners |
SHAMSUL HAQUE No. II
|
| Respondents |
THE STATE
|
| Citations |
1969 SLD 185,
1969 SCMR 466
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
411,
381
|