VIKRAM NATH, SANDEEP MEHTA
SD. Shabuddin – Appellant
Versus
State of Telangana – Respondent
JUDGMENT
VIKRAM NATH, J.
1. Leave granted.
2. This appeal, preferred on behalf of the appellant, takes exception to the judgment dated 7th March, 2024, passed by the High Court for the State of Telangana at Hyderabad [Hereinafter, referred to as “High Court”.] whereby the criminal appeal [Criminal Appeal No. 439 of 2010] preferred by the present appellant and Moulana (accused No. 1) [For short, “accused-Moulana”] was partly allowed.
3. The High Court, while partly allowing the appeal against the judgment of conviction dated 5th March, 2010, passed by the Principal Sessions Court, Warangal [Hereinafter, referred to as “Trial Court”] in Sessions Case No. 229 of 2008, had reduced the sentence of imprisonment from three years, as awarded by the Trial Court under Section 411 of the Indian Penal Code, 1860 [For short, ‘IPC’], to one year.
BRIEF FACTS OF THE CASE:
4. The prosecution story, in a nutshell, is narrated hereinbelow:
4.1. The complainant, namely K. Vikram, cousin brother of deceased-M. Narsaiah [Hereinafter, referred to as “deceased”], registered an FIR bearing No. 344 of 2005 with Mills Colony Police Station, District Warangal alleging, inter alia, the deceased was in a business of
(1) Dishonestly receiving stolen property – In order to uphold conviction under Section 411 IPC, it is sine qua non that property in possession of accused is a stolen property – If property is not a ....
Possession of stolen articles – Key ingredient for a crime is mens rea – To establish that a person is dealing with stolen property, "believe" factor of the person is of stellar import.
Mere possession of stolen property is insufficient for conviction under Section 411 IPC without proof of the accused's knowledge that the property is stolen.
For conviction under Section 411 IPC, prosecution must prove accused's possession of stolen property and knowledge of theft, beyond reasonable doubt.
The main legal point established in the judgment is that the prosecution must prove the accused's possession of stolen cash beyond reasonable doubt to establish the offence under Section 411 of I.P.C....
The prosecution must prove the accused's knowledge of the stolen nature of property to secure a conviction under Section 411 of IPC.
Possession of stolen property raises a presumption of guilt under Section 114 of the Indian Evidence Act; the accused must provide credible explanation to avoid conviction.
Knowledge of stolen property is essential for conviction under Section 411 IPC; mere possession is insufficient without corroborative evidence.
Possession of stolen property requires knowledge of its stolen nature; conviction upheld with modified sentence to fine.
(1) Cheating and forgery – Weakness in defence or failure of accused to substantiate the fact while answering question in his accused statement cannot become strength of prosecution – Prosecution has....
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