TMI Blog1961 (4) TMI 141X X X X Extracts X X X X X X X X Extracts X X X X ..... onths' rigorous imprisonment and a fine of Rs. 250/- in default rigorous imprisonment for four months more. 2. The petitioner was tried by the Magistrate under Section 411 Indian Penal Code and convicted and sentenced by the Magistrate under the said section. On appeal, the learned Sessions Judge found that the accused could not be convicted under Section 411 Indian Penal Code and thus alte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioner and were seized by the Police therefrom. After having found that the theft in respect of these bales of cloth has not been established, the learned Sessions Judge rightly held that the petitioner could not be convicted under Section 411 Indian Penal Code. But having said that he has altered the conviction to one under Section 403 Indian Penal Code. 4. There are two things necessary ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eized twelve bales of the cloth from the godown. He caught three labourers and the driver and handy-man and in the meantime the petitioner slipped away. From that conduct of the petitioner, the learned Sessions Judge has concluded that the petitioner must have had a dishonest intention. Before this intention can be established, the prosecution must prove something more than the mere fact that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dishonest intention follows from the evidence on the record. In any view of the matter on the facts found, in our opinion, no offence under Section 403 Indian Penal Code is made out beyond any reasonable doubt. 5. We accordingly allow this revision petition, set aside the conviction and sentence passed against the petitioner. 6. The rule for enhancement of the sentence is also discharged. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the matter of stacking or storing in his godown. For a conviction under Section 403 Indian Penal Code mens rea had to be established by the prosecution for which there was no attempt made. The evidence as to any active part taken by the accused either in the matter of receiving or removing the articles from the truck is to a great extent doubtful. Therefore, no clear case was made out against t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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