Court : Rajasthan
Reported in : 1988WLN(UC)369
..... that the appellant was a culprit, who had committed the dacoity. the safer course would be to raise a presumption against the appellant that he was a receiver of the stolen goods.23. it was contended by the learned public prosecutor that even if a presumption for a graver offence of dacoity is not raised against the appellant on account of lapse ..... should be drawn. it was argued that in order to draw a presumption for the offence under section 412 ipc, the prosecution must show that the accused knew that the stolen goods related to the dacoity. no such material is there on record in the instant case. the contention of mr. biri singh has much substance. in order to draw a ..... in bhurgiri and anr. v. the state ilr (1954) 4 raj 476, a division bench of this court held as under:although a person who is found in possession of stolen goods can be convicted under section 411 ipc, by virtue of presumption under section 114, evidence act, prosecution has to show something more than mere possession of .....
Tag this Judgment!Court : Rajasthan
Reported in : 1994CriLJ509; 1993WLN(UC)44
..... produced by the prosecution? the prosecution has failed to prove beyond reasonable manner of doubt that the appellant took part in the murder and dacoity and received the stolen goods knowing that it was stolen in the dacoity. the recovery of the article, which the prosecution has been able to prove, is the recovery of the silver kadiya belonging to the deceased and ..... , the only legitimate presumption, that can be drawn, is that the appellant knew that the silver kadiya in question was stolen but no knowledge can be attributed against the accused-appellant that he was knowing that the silver kadiya in question was stolen in a dacoity. the accused-appellant, therefore, can be convicted only for the offence under section 411, i.p .....
Tag this Judgment!Court : Rajasthan
Reported in : 1989WLN(UC)358
..... sealed cover and the seals were intact. he has not mentioned that articles of what nature were mixed up with the stolen goods. the watch of hmt make was sought to be identified but no details of the watch have been produced such as its colour, number and make whether it ..... established by the prosecution or not. the articles were put for identification on 24th october, 1985 before the tehsildar but no witness has been produced to show that these stolen goods were kept by the prosecution in a sealed cover and in proper custody. pw 12, the tehsildar has only deposed that the articles were placed before him in the ..... possession of the four accused persons has also not been put properly for identification before the tehsildar. nobody has come in the witness-box to say that all the stolen property seized was kept in proper custody from where it was produced before the tehsildar. the learned counsel also submitted that identification memo ex-p. 31 does not .....
Tag this Judgment!Court : Rajasthan
Reported in : 1977WLN(UC)127
..... , but for the applicability of section 412, ipc the prosecution has to show some thing more than the mere possession of the stolen goods. in this case the identification evidence produced on behalf of the prosecution in respect of the accused has not been relied upon by the trial court, and ..... facts of this case, it seems that the only legitimate inference which can be drawn is that the accused-appellants knew that the property recovered at their instance was stolen, though it cannot be presumed that the accused knew that it was connected with the dacoit. the ornaments and coins recovered, at the instance of the accused appellants, ..... evidence on record the learned counsel, appearing on behalf of the appellants, has conceded that there are no sufficient grounds to challenge the evidence regarding recovery of the stolen property from the possession of the accused-appellants he has further urged that there is sufficient evidence on the record to hold that the various articles recovered from the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1976WLN(UC)594
..... had been transferred by the commission of dacoity. there is no such evidence in the present case. the prosecution has to show something more than mere possession of stolen goods for a conviction under section 412 i.p.c. if the prosecution has proved mere possession and nothing more, the proper section to use is section 411 i ..... been rightly convicted under section 412 i.p.c. illustration (a) to section 114 evidence act provides that person in possession of stolen goods soon-after the theft is either a theft or a receiver of stolen property unless he accounts for his possession. so far as section 411 i.p.c. is concerned, he is clearly guilty under ..... of laxminarain, introduced these articles in the house. the learned additional sessions judge, in the circumstances, was justified in not relying upon the circumstance of recovery of the stolen articles from the house of laxminarain.7. i now take up the case against radhakishan. he was arrested by the investigating officer on august 3, 1973. he was .....
Tag this Judgment!Court : Rajasthan
Reported in : 1973(6)WLN934
..... to the learned sessions judge that the existence of the central reserve police hospital nearby made the place unsafe. no body has said whether the place from where the stolen goods was recovered is visible from any part of the hospital. the place where rama buried the gold ornaments is near a 'chaubara (e g. ex p/47 ..... . therefore, we do not think that there is anything inappropriate or improbable it rama chose that place, which is again approachable from ajmer-pushkar road, and buried the stolen property.34. mr purohit argued that the motbirs ganeshi lal (pw/16) and ramdhan (pw/8) have given divergent stories and, therefore, the recovery should be disbelieved ..... pw/23) that house breaking in the night intervening 26th and 27th january, 1971, was committed in the 'mandir' and the ornaments and jewellery as alleged were stolen from the different idols installed therein.12. what was strenuously urged by mr. m.b.l bhargava on behalf of the complainant an supported by the learned additional .....
Tag this Judgment!Court : Rajasthan
Reported in : 1977WLN227
..... court in wasim khan v. the state of uttar pradesh : 1956crilj790 .31. in wills on circumstantial evidence, 7th edn. p. 104, it is given:the possession of stolen goods recently after the loss of them, may be indicative not merely of the offence of larceny or of receiving with guilty knowledge, but of any other more aggravated crime which ..... equally to the conclusion that he was guilty as well of the murder as of the robbery.in emperor v. chintamony (10) it was observed.the possession of stolen goods recently after the loss of them may be indicative not merely of the offence of larceny or of receiving with guilty knowledge but of any other more aggravated crime which ..... further observed that it was also not known that in the village in which the appellant lived it was known that a dacoity had taken place and the goods had been stolen in the dacoity. on the facts of that case their lordships held that the only legitimate presumption which could be drawn was that the appellant knew that the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1982WLN653
..... accept to give an interest on this money 2% per month. you will have a right to sell these goods and recover-money after two months. these are not stolen goods and if there would be any dispute concerning these goods, 1 would be responsible for that. this deed has been written by me in my full senses. sd/. gulam mustafa sd/- ..... abdul latif dated 30-9-81 s/d-abid hussain 1, abid hussain s/o noor ahmed, mohalla takiya adamshah, verify that the above goods are not stolen one and this has been pledged on my guarantee witness: sd/- abid sd/-abdul latif.5. the accused, vasudev sharma has been discharged on the ground that it has ..... was handed over to him. mr. anthony argued that no such inference can be drawn that the accused must have knowledge or reason to believe that the property was stolen property.12. the learned counsel for the complainant emphasised that the jewellery was handed over in a sealed condition but conceded that there was no sealing on any packet either .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(4)Raj3373
..... of section 412, i.p.c. the prosecution has to show something more than the mere possession of the stolen goods. in this case the identification evidence produced on behalf of the prosecution in respect of the accused has not ..... of section 412, i.p.c. the prosecution has to show something more than the mere possession of the stolen goods. section 412, i.p.c, requires that the receiver should know or have reason to believe that the property ..... 111. in this case it has not been shown that the accused chammu knew that a dacoity has been committed and that goods had been stolen in the course of the commission of that dacoity. the identification evidence produced on behalf of the prosecution in respect of chammu ..... property must be transferred to accused by commission of a dacoity, and anr. is that accused must receive or retain such articles as stolen property. there is no prosecution evidence in the present case to prove that these three accused appellants purchased the disputed articles from main .....
Tag this Judgment!Court : Rajasthan
Reported in : 1970WLN603
..... can be extended to a more aggravated offence. the following passage, occurring at pages 104 and 105 in kills on circumstantial evidence (17 edition instructive:the possession of stolen goods recently after the loss of them, may be indicative not merely of the offence of larceny, or of receiving with guilty knowledge, but of any other more aggravated ..... ag gravated offence connected with theft'.16. in the case of emperor v. chintamani shahu air 1930 cal. 379(2) opinion was expressed that 'the possession was stolen goods recently after the loss of them may be indicative not merely of the offence of larceny or of receiving with guilty knowledge, but of any other more aggravated crime ..... is a matter of common procedure to utilise evidence of this kind and the presumption such as this in connection not only with theft and the receipt of stolen goods but with more aggravated offences can also be drawn.20. in re kaliaperumal air 1954 mad. 1088 a bench of the madras high court observed as follows: .....
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