Judgement

GROVER, J.:- This is an appeal by special leave from a judgment of the Patna High Court upholding the conviction of the appellant under Section 411 of the Indian Penal Code for which a sentence of three years rigorous imprisonment was imposed.

2. According to the case of the prosecution a Sen-Raleigh cycle was stolen from the possession of Sheo Charan Lal. He reported the matter to the Police on March 25, 1965. It appears that on May 11, 1965 the Station House Officer, Incharge Giridih Police Station A. D. N. Sinha learnt while he was moving about in the town on the Maharram day that a thief was running away with a cycle. The alleged thief was apprehended and the cycle in his possession was taken into custody. The name of that person was Mohd. Siddique. He made a statement to the police officer which led him to search the premises of the appellant. As a result of the search seven cycles including the Sen-Raleigh cycle belonging to Sheo Charan Lal which was stolen on March 24, 1965 and three other cycles were recovered from the house of the appellant. Mohd Siddque and the appellant were tried, the former under S. 379 and the latter under S. 411 of the Indian Penal Code. Sid