ORDER 1. The only evidence as to the ownership of the property alleged to have been stolen is the 1st prosecution witnesss 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 : 34A. 341 : 9 A.L.J. 351 we do not think it is admissible under Section 11. In the absence of evidence as to the ownership of the property, the conviction of an offence punishable under Section 381, Indian Penal Code, cannot stand. It is set aside and the accused must be released, if in custody.