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Judgment
5 paragraphs · 106 words
1.
The only evidence as to the ownership of the property alleged to have been stolen is the 1st prosecution witness's statement as to what
Ranganatha Tawkar, now deceased, said to him regarding it. ""We cannot being this statement within the terms of Section 32, Indian Evidence Act;
and following Bela Rani v. Mahabir Singh 14 Ind. Cas. 116 we do not think it is admissible u/s 11. In the absence of evidence as to the ownership
of the property, the conviction of an offence punishable u/s 381, Indian Penal Code, cannot stand. It is set aside and the accused must be released,
if in custody.