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1888 Supreme(Cal) 16

PRINSEP, PIGOT
Ishan Muchi – Appellant
Versus
Queen-Empress – Respondent


JUDGMENT

1. The prisoners are convicted of dishonestly receiving stolen property, first, u/s 411, in respect of the goods belonging to one person, and, second, in respect of goods belonging to another.

2. They were separately tried and sentenced on each of these charges.

3. There is no proof against them save the fact that the goods found in their possession were stolen from different persons, and were found in their possession under such circumstances as to prove a guilty knowledge on their part.

4. There is no proof as to their receipt of the goods; nothing to show that they received them at different times or from different persons. All the goods in the possession of each prisoner may have been stolen by the same thief, and may have been by him delivered to that prisoner at the same time, although stolen on different occasions.

5. If each prisoner received the goods found in his possession together at the same time, that would constitute only one offence.

6. There is nothing in the fact that the goods were stolen at different times, to constitute by itself proof that they were received at different times, or under such circumstances as to show that more than one offence was committed

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