Court : Supreme Court of India
..... the facts of the particular case. 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. *** 18 35. the trial court erred in drawing such a presumption ..... act, 1872 ( evidence act , hereafter), to the extent it provides 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 . according to the trial court, the crucial corroborative evidence in manoj's 5 ..... carried out by the investigating officer ( i.o. , hereafter). the specific allegations against manoj are that the stolen jewellery ( articles , hereafter) had allegedly been sold to him and, despite being aware that the co-accused had sold him stolen goods, he still chose to receive and possess the same dishonestly. consequently, he was arrested on 9th may, 2010. .....
Tag this Judgment!Court : Supreme Court of India
..... to the facts of the particular case. illustrations 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 60 received the goods knowing them to be stolen, unless he can account for his possession; (b) that an accomplice is unworthy of credit, unless he is corroborated ..... in material particulars; (c) that a bill of exchange, accepted or endorsed, was accepted or endorsed for good consideration; (d) that a thing or state of ..... do or do not apply to the particular case before it: as to illustration (a) a shop-keeper has in his bill a marked rupee soon after it was stolen, and cannot account for its possession specifically, but is continually receiving rupees in the course of his business; as to illustration (b) a, a person of the highest .....
Tag this Judgment!Court : Supreme Court of India
..... settled proposition of law extra judicial confession is weak evidence. it is submitted that recovery pursuant to the confession of accused does not establish anything beyond possession of stolen goods and it does not implicate accused of committing murder. 4.3 it is submitted by the learned counsel appearing on behalf of the accused that in the present ..... same time and as rightly observed by the high court, by other circumstances the prosecution has established and proved that the deceased was killed after his car was stolen/taken away by the appellant accused no.1.7. considering the aforesaid facts and circumstances, we are more than satisfied that the high court has not committed any ..... the place and the person disclosed by the accused no.1 appellant. the prosecution has successfully proved the same by examining pw-16, a person to whom the stolen car was sold by the appellant accused no.1. this is the 14 second strong circumstance against the appellant accused no.1. 6.4 that thereafter, the .....
Tag this Judgment!Court : Supreme Court of India
..... 2000. based on his disclosure statement (ext. p 23), the dead body of vishwanathan, which was buried at pattithara on the banks of river bharathapuzha, was recovered. additionally, stolen goods were also recovered from the house of accused no.3 and were marked as ext. p 14. shibu @ shibu singh (accused no.1) and biju @ babu (accused no ..... we have to examine the present case.12. the trial court has relied on the following circumstances: (i) last seen together with the deceased; (ii) recovery of the stolen material including jewellery from accused no.3 boby; (iii) recovery of spade from accused no.1 shibu @ shibu singh; (iv) recovery of the dead body at the instance ..... (accused no.1), the younger brother of her husband, vishwanathan (deceased), was a convict who was then undergoing imprisonment as he was involved in many theft cases wherein stolen articles from the said thefts were disposed of by her husband. 2.2 it is the case of the complainant that shibu @ shibu singh (accused no.1) had .....
Tag this Judgment!Court : Supreme Court of India
..... at silvassa by a transporter by road. the appellants case is that out of the eight containers, one was stolen and the incident of theft took place on 2nd july 2010. according to the appellants, value of stolen goods was rupees thirty four lakhs ninety two thousand and eighty one. their claim was lodged with the respondent on ..... appeal of the appellant on the ground that they had converted from anywhere in india to anywhere in india policy into the sales turnover policy covering transportation of goods only from two locations specified in the endorsement made on 25th november 2009. the repudiation of the appellants claim was on the ground of exhaustion of insurance ..... commission erred in interpreting the terms of the policy. according to him, the policy endorsement dated 25th november 2009 did not withdraw coverage of any of the goods named in the policy while in transit from anywhere in india to anywhere in india and the implication of including the two locations specified meant that as per .....
Tag this Judgment!Court : Supreme Court of India
..... propounded to the present circumstances, the inevitable conclusion is that the prosecution has failed to establish that the appellant had the knowledge that articles seized from his possession are stolen goods. this essential element was not established against the appellant to bring home the charge under section 411 of the ipc against him. 5 air1954sc39page 15 of 1723. that ..... procedure was followed in preparing the seizure memo and importantly, his testimony does not show that the appellant was aware that he received articles, which had any connection with the stolen goods in the truck.19. likewise, g.p. tiwari, the s.i. at police station kotwali, satna in his testimony as pw-24 while acknowledging that he had ..... also the evidence of pw-5, pw-22, and pw-24 to contend that the evidence therefrom establish that the appellant was aware that he was dealing in stolen goods. on this, crucially it can be noticed that in the fir no.407/2003 (25.6.2003), rs. 12,50,000/- is shown as the total value .....
Tag this Judgment!Court : Supreme Court of India
..... ) to section 114 of the indian evidence act, 1872). the rule of law is that if there is a prima facie explanation of the accused that he came by the stolen goods in an honest way, the inference of guilty knowl edge is displaced. this is based upon the well estab lished principle that if there is a doubt in the mind .....
Tag this Judgment!Court : Karnataka
..... also forgery / cheating by using some forged documents as genuine, committing theft of iron ore from forest area and other areas of bellary district in order to transport the said stolen goods by using the premises of m/s. amc, without doing any mining activity in the lease- hold areas. but as regards the complaint allegation, the investigating authority has secured material ..... (m) and is an acknowledged political leader and, therefore, is vitally interested in upholding the rule of law and ensuring that the same is applied equally with fairness, equity and good consciousness to all . the main thrust of the petitioner's case is that once the designated court's finding that no case for conviction under sections 3 and 4 of .....
Tag this Judgment!Court : Delhi
..... in his cross-examination he stated that his house was situated about 1 k.m. away from the shop but he had never heard anything about the appellant dealing in stolen goods.40. asi madan lal (pw-12) deposed that on 15th december 2011 he was posted at ps mourya enclave as mhc(m) and on that day si ajay kumar ..... accused should have knowledge that it had been robbed pursuant to a dacoity. the issue before this court, is whether raj kumar and parveen goyal were aware that the stolen property purchased by them was pursuant to the commission of dacoity. no such evidence has been led by the prosecution except the disclosure statement of the co-accused. raj ..... with the presumption under section 114(a) evidence act that when a person is found in possession of stolen property, it can be presumed that either the person himself stole the property or that he has received the goods knowing them to be stolen, however the law does not permit a presumption that the accused was aware or had reason to believe .....
Tag this Judgment!Court : Delhi
..... in his cross-examination he stated that his house was situated about 1 k.m. away from the shop but he had never heard anything about the appellant dealing in stolen goods.40. asi madan lal (pw-12) deposed that on 15th december 2011 he was posted at ps mourya enclave as mhc(m) and on that day si ajay kumar ..... accused should have knowledge that it had been robbed pursuant to a dacoity. the issue before this court, is whether raj kumar and parveen goyal were aware that the stolen property purchased by them was pursuant to the commission of dacoity. no such evidence has been led by the prosecution except the disclosure statement of the co-accused. raj ..... with the presumption under section 114(a) evidence act that when a person is found in possession of stolen property, it can be presumed that either the person himself stole the property or that he has received the goods knowing them to be stolen, however the law does not permit a presumption that the accused was aware or had reason to believe .....
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