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 : Mumbai
Reported in : 2008(4)ALLMR47; (2008)110BOMLR1469
..... shows the knowledge of the petitioners that an illegal act was committed and that the petitioners derived benefit therefrom. 60. this is much like a man in possession of stolen goods soon after theft being presumed to be a thief unless he accounts for his possession. the petitioners could have accounted for the marks obtained by them, as reflected in ..... to the facts of the particular case.illustration the court may presume-(a) that a man who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession. though section 114 relates to cases of theft or robbery, its analogy can ..... 40. in the case of controller of examination and ors. v. g.s. sunder and anr. 1993 suppl (3) scc 82 , a student, who sat next to a good student in the examination hall and knowing that, that student was better than he, interchanged his roll number with that of the other student, as a consequence of which he .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC514; 1974CriLJ469; (1974)4SCC544
..... accused 3 then represented that accused 2 was the owner of these goods.the appellate court disagreed with this conclusion, in view of certain material contradictions, and said:in ..... that accused 2 was present either at the loadingof the goods from the moon mill godown for at the unloading of the goods at m/s. ashok metals. but the evidence of manrupchand clearly shows that accused 2 was present when the lorry laden with the stolen goods was brought for weighment to the weigh bridge and that ..... guilty on whose information some identifiable bag with currency notes was recovered but did not draw a similar incriminatory presumption where the accused merely gave information regarding stolen jewels kept in another person's house with which the accused had nothing to do. govinda menon, j. indian re periyaswami theyan air 1950 mad 714 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC29
..... appellant no. 1 for the presence of blood stains on his panche and his failure to give any explanation in regard to the possession of the stolen goods a few days after the incident, leave no doubt in our minds that the hypothesis suggested, namely, that appellants 2 and 3 might have committed the ..... other facts would not establish that appellant no. 1 participated in the offence of murder and robbery and would be consistent only with his being the receiver of stolen goods. but we cannot agree with this argument. the cumulative effect of the circumstantial evidence found by the courts, particularly in view of the unacceptable explanation given by ..... might be that the said crow-bars were handed over to the real culprits for committing the murder and the appellants might have been only the recipients of stolen goods. the principle that the inculpatory fact must be inconsistent with the innocence of the accused and incapable of explanation on any other hypothesis than that of guilt .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1919Cal85(2),51Ind.Cas.685
..... were absolutely necessary for immediate use.10. on the other hand, the burden of proof is on the prosecution and the interval between the dacoity and the finding of the stolen goods having been about six weeks and the direct evidence of identification by which it was sought to connect the appellants with the dacoity having failed, there is more force in ..... of ganga charan.8. exhibit iii found in arshed's house, exhibit xiv (i) found in khorshed's house and exhibit xiv (ii) found in safer's house were clearly stolen goods and we see no reason to dissent from the conclusion of the court below as regards the other cloths found.9. it is not suggested that ram charan's shop ..... the contention that the appellants should not have been convicted of dacoity and that the knowledge that the goods were stolen by dacoity 'should not be imputed to them.11. the appellants are clearly guilty of the offence of dishonestly receiving or retaining .....
Tag this Judgment!Court : Allahabad
Reported in : (1922)ILR44All735
..... occupied, while he was at dinner in another part of the building. he claimed to recover the value of the stolen goods from the defendant on the ground that the loss was due to the neglect of the defendant in keeping the premises ..... main building to have his dinner, this servant was left in or about the room, that shortly afterwards, the suit-case was stolen from the room. it is found that the plaintiff's servant followed the thief unsuccessfully. it is also found that there had been ..... ensure the safety of the property of the guests as a man of ordinary prudence would, under the circumstances, take of his own goods, and that there was negligence on his part. in other words, the finding is against the defendant. objection is taken to the ..... thought it necessary, before deciding the case, to send down an issue as to whether the defendant had taken such care of the goods of the plaintiff as was required by section 151 of the indian contract act. in other words, we thought the indian contract act .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004CriLJ884; 2004(164)ELT143(SC); JT2004(1)SC188; 2004(1)SCALE318; (2004)3SCC753
..... ) to section 114 of the evidence act says that the court may presume that 'a man who is in the possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession'. that illustration can profitably be used in the present context as well when prosecution brought ..... in the office of the commercial tax department of kanigiri, prakasam district. way bills were issued to the traders by the department for their day to day transactions and taxable goods to be transported were required to be covered by the way bills issued by the department. complainant (pw-1) was a dealer in grocery articles and under the relevant sales .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC2042; 2004CriLJ2040; JT2004(4)SC167; 2004(4)SCALE106; (2004)4SCC399
..... ) to section 114 of the evidence act says that the court may presume that 'a man who is in the possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession'. that illustration can profitably be used in the present context as well when prosecution brought .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2003(2)ALD(Cri)1030; 2004(1)BLJR357; 2004CriLJ620; JT2003(9)SC119; 2004(1)KLT526(SC); (2004)9SCC319; 2004(1)LC580(SC)
..... ) to section 114 of the evidence act says that the court may presume that 'a man who is in the possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession'. that illustration can profitably be used in the present context as well when prosecution brought .....
Tag this Judgment!Court : Chennai
Reported in : 59Ind.Cas.218
..... that brought these things discovered on the premises of the plaintiff to them and all they did was to express what was clearly their honest opinion that these goods were stolen goods and they left it to the police to take any action they thought advisable. they took no part in the conduct of the prosecution except that they ..... morning we have to say that the greater portion of the advertisement articles recovered from the house of rajagopala naicker were undoubtedly stolen from our premises. some of the other articles are such as we have in stock and sell, but they bear no distinguishing marks.... please take any action ..... ordinary course as presents, but that they must have been taken without permission, which amounted to theft. therefore, he expressed his opinion that the articles must have been stolen. he subsequently wrote to the commissioner of police, a letter, exhibit c, in which he says, 'with reference to the articles placed before us by the police this .....
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