Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: s.411 Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: s.411 – Dishonestly receiving stolen property – Prosecution case was that the appellant-accused and co-accused received the articles looted from the truck knowing fully well that those are stolen property – Trial court convicted both the accused u/s.411 – High Court confirmed the conviction – On appeal, held: To establish that a person is dealing with stolen property, the ‘believe’ factor of the person is of stellar import – It is not enough for prosecution to prove that the accused was either negligent or that he had a cause to think that the property was stolen, or that he failed to make enough inquiries to comprehend the nature of the goods – The initial possession of the goods in question may not be illegal but retaining those with the knowledge that it was stolen property, makes it culpable – In the instant case, there is disparity between the figures in the FIR lodged and seizure memo as to the value of articles seized from the appellant’s possession – Moreover, the appellant in usual course sold utensils in his shop and nothing was unnatural about him possessing such household articles, as seized from him – Absence of seal on the seizure memo and discrepancies in the testimonies made the seizure evidence totally unreliable – The factum of selling utensils at a lower price cannot, by itself, lead to the conclusion that the appellant was aware of the theft of those articles – Thus, prosecution failed to establish that appellant had knowledge that articles seized from his possession were stolen goods – Conviction of appellant u/s.411 IPC set aside |
Judge | Hon'ble Mr. Justice Hrishikesh Roy |
Neutral Citation | 2022 INSC 933 |
Petitioner | Shiv Kumar |
Respondent | The State Of Madhya Pradesh |
SCR | [2022] 7 S.C.R. 493 |
Judgement Date | 2022-09-07 |
Case Number | 1503 |
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