Emperor vs Sarju Mallah

George Knox, J.—Sarju Mallah employed in the River Polios of Benares has been convicted of an offence u/s 403 of the Indian Penal Code and sentenced to one month''s rigorous imprisonment. The Sessions Judge of Benares has referred the case to this Court with a recommendation that the conviction and sentence be set aside. He has forwarded along with his recommendation an explanation from the Joint Magistrate of Benares who convicted and sentenced the accused. It appears that a sheep intended for sacrifice at the Id escaped and strayed away from its owner and was captured the next day by the accused. The constable, instead of sending the animal to the pound, kept it. A few days later he was transferred to another Thana". He took the sheep with him to the second Thana and kept it there. The learned Judge appears to think that he did not dishonestly misappropriate the sheep, that no offence has been established against him and recommends that the conviction and sentence be set aside. I find myself unable to agree with the learned Sessions Judge. A Police constable of seventeen years'' standing can hardly plead ignorance of the law and the very fact of his taking the animal away from the Thana where he originally was to another Thana and still keeping it 13, to my mind, evidence of dishonesty. I decline to interfere and order that record be returned.