Court : Punjab and Haryana
Reported in : AIR1950P& H66; 1950CriLJ581
..... with imprisonment either description for a term which may extend to three years, or with fine, or with both.24. now, the theft and taking and retention of stolen goods form one and the same offence and cannot be punished separately. referenoe may be made to circular no. 16 from the offioia-ting registrar of the high court ..... regard to the conviction ol 'knowingly retaining btolen property. it has been frequently ruled by this court that in oases like the present the theft and the retention of the stolen goods form one and the same offence, and cannot be punished separately. again, in the case of queen v. seeb churn haree, 11 w. b, or. 12, norman ..... dishonest removal within the meaning of section 379 of the code constitutes dishonest reception within section 411 and that being bo the thief does not commit; the offence of retaining stolen property merely by continuing to keep possession of the property he stole. in najibullah khan v. emperor 18 p. e, 1884 or., plowden j. observed:to constitute .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC334; 1974CriLJ277; (1974)GLR151; (1974)0GLR1; (1974)3SCC565; 1974(6)LC52(SC)
..... facts of the present case. according to that illustration, if a man is found in possession of stolen goods soon after the theft, the court presume that he is either the thief or has received the goods knowing them to be stolen unless he can account for his possession. as already mentioned, the appellants have not been able ..... that prosecution has failed to prove that the appellants were in dishonest possession of the stolen goods knowing or having reason to believe the same to be stolen. in this respect, we find that it is not the case of the appellants that the goods in question which were recovered belonged to them. on the contrary, the evidence of ..... to furnish any explanation for the possession of the stolen goods. the appellants in the circumstances should be held to have been rightly convicted .....
Tag this Judgment!Court : Delhi
Reported in : 2007(94)DRJ243
..... been able to complete a chain, based on circumstantial evidence, regarding the murder of mrs. mahima anand, but it has not been able to complete the chain regarding the stolen goods and their recovery.47. the appellant produced two witnesses in his defense but the learned trial judge did not believe them for the simple reason that they had stated that ..... conviction of the appellant for an offence under section 394 of the ipc has not been made out.46. we are of the view that the recovery of the stolen goods from the appellant can be completely separated and kept apart from the murder committed by him. the fact that the prosecution has not been able to prove the recovery ..... could have come at any point of time (or even more than once) during the course of the day to remove the goods and it is not necessary that anyone would have seen him take out the stolen goods. the appellant was a resident of that area and was aware of the surroundings including the building in which the crime was committed .....
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 : Kolkata
Reported in : 90Ind.Cas.542
..... in his charge to the jury leaves no such option to the jury. he insists that, if the prosecution succeeds in proving possession by the accused of recently stolen goods, it is his duty to prove his innocence and he emphasises it by explaining that mere allegation is not proof and that the presumption raised under the law cannot ..... the present the charge to the jury should be to this effect; 'where the prisoner is charged with having receiving stolen property, when the prosecution has proved the possession by the prisoner, and that the goods had been recently stolen, the jury may be told that they may, not that they must, in the absence of any reasonable explanation, ..... elements which give rise to the presumption under the law, namely, (a) that the property was found in possession of the accused; (b) that the property is stolen property and (c) that it was found soon after the theft or dacoity. then the learned judge adds that if these three conditions are satisfied you may presume against .....
Tag this Judgment!Court : Mumbai
Reported in : 1984(1)BomCR154; (1984)86BOMLR156
..... 114 cannot be invoked at all. clause (a) of section 114 contemplates the presumption that the person in possession of stolen goods may be presumed to be either the thief or a recipient of the stolen property knowing the same to be stolen. but the basic foundation for such a presumption is that such person must be in possession of the property in question ..... of the taxi is aware of the fact that the taxi is a stolen property. if this much position is accepted, it can hardly be contended that the accused were confronted with any circumstance which called for any explanation on their behalf.i ..... prosecution itself has not established anything against them. in the instant case all that the prosecution has established is that the accused were present in the taxi after it was stolen. but to be present in the taxi is not to be in possession of the taxi and to be present in this taxi does not mean that the occupier .....
Tag this Judgment!Court : Sikkim
Reported in : 1978CriLJ945
..... under illustration (a) to section 114 of the indian evidence act, the accused against whom the presumption is to be drawn must be found to be in possession of the 'stolen goods soon after the theft.21. on a consideration of all the facts and circumstances of the case we are of opinion that the learned sessions judge was wrong in convicting ..... onus on the general issue is still on the prosecution, and (c) it is not the law that if the accused fails to account for his possession of the goods said to be stolen, he must be convicted, if the other facts on record do not predicate his guilt. it is not at all necessary to cite any authority for this well ..... the earring and handed over to the police who seized it under seizure memo, marked exhibit 3. he stated further that he never knew that the said ear-ring was stolen.13. the accused was examined by the learned sessions judge under section 342, code of criminal procedure, and in his statement, the accused categorically denied to have committed any .....
Tag this Judgment!Court : Delhi
Reported in : 1986(10)DRJ138
..... that they are no ordinary small items because they include cameras,, two-in-one transistors and even a projector. it seems to us rather unusual that if these were stolen goods, which as well might have been, no report in the police station would have been made. the affidavit says that in spite of the 'hue and cry notice ..... circumstances. the deceased was not having any criminal background nor was he having any medical history. we find that the allegedly stolen goods have not been connected with any person. the mere ipsi dixit that the goods were recovered from the deceased cannot inspire us with implicit confidence. this is a case which needs to be examined further. we ..... dealt with by the police. we are not sure that there is any regular auditing of various aspects' or is it a convenient way of disposing of goods which are stolen by auctioning them at ridiculously low prices to chosen ones. ah this needs to be looked into by the delhi administration and the commissioner of police and .....
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!