Abdool Biswas vs Khater Mondal

The findings of fact arrived at by the Magistrate in his judgment do not make the offence amount to theft, of which the Petitioner has been convicted. In order to constitute that offence, it was necessary that the carrying off of the paddy should have been done dishonestly. There is nothing in the judgment to show that the Petitioner did not bond fide believe that the paddy which he carried off belonged, as he stated, to his uncle. It is quite possible that it may have belonged to the complainant, but in order to convict the accused, it is necessary to show that he knew that it belonged to the complainant and not to his uncle. The conviction will accordingly be set aside. Under the terms of the Rule it is contemplated that a retrial should be held if it were found that the accused had not been properly convicted. But we are informed that the sentence passed in this case has been undergone with the exception of one day. Under these circumstances we think further proceedings are unnecessary. The accused, if in jail, will be discharged.