Dhirendra Mohan Gossain and Others vs The Emperor

Jenkins, C.J.—In this case it is clear that the Petitioners who have been convicted assert a claim, and one who asserts a claim should not be convicted of theft, unless the Court is in a position to say that the claim is a mere pretence. This is the law as laid down in Hart Bhuimali v. The Emperor 9 C.W.N. 974 (1905). Here it is impossible to say that the claim is a mere pretence. Indeed, the lower Appellate Court contemplates that there must be a civil suit about the tank which has given rise to the present criminal proceedings. The result is that the rule must be made absolute, and the conviction and sentence set aside. The fine if already paid must be refunded.