AIR 1938 BOMBAY 463

Bombay High Court

Hon'ble Judge(s): Broomfield, Norman , JJ

(A) Penal Code (45 of 1860) , S.379, S.411— Accused merely snowing place where stolen property is concealed cannot be convicted u/S.379 nor u/S.411. The mere fact that an accused person points out the place in which the stolen property is concealed does not give rise to any presumption under Sec. 114, Evidence Act, or justify his conviction for the offence of receiving stolen property, still less for the offence of theft :(Para 463C2) (B) Penal Code (45 of 1860) , S.379, S.380, S.454— Punishment - Procedure - Accused convicted u/S.379 or u/S.380 and u/S.454 - Magistrate not desiring to inflict substantial sentence of imprisonment - What is proper course stated. Where the offences charged are theft and house-breaking and the Magistrate gives merely a nominal sentence of imprisonment till the rising of the Court, then although he is complying with the letter of the law, he is in fact treating the accused more leniently than if he had applied Section 562 (1), Criminal P. C. But theft and house-breaking are offences for which separate punishments can be given. If the accused is convicted under S. 379, I. P. C., theft, or Section 380, I. P. C., theft in a building, he may in a proper case be released on probation of good conduct. If he is convicte....