The importance of recovery evidence in theft cases and the need for the prosecution to establish the offence beyond reasonable doubt.

( 1 ) WE have heard the learned counsel on both sides at considerable length because the charge in this case is a serious one under Section 392 IPC and the learned Addl. SPP submits that apart from the victim PW3 that there are other two eyewitnesses PWs 4 and 7, who know the accused, who have identified him and despite all these three witnesses the trial Court has acquitted the accused. His submission is that the accused, who pretended to be a photographer and came to a traditional social ceremony for taking photographs, took advantage of the fact that the girl PW3 was sitting alone in front of the house, that he snatched all the three gold chains that she was wearing around her neck, one of which was a shot chain which was tied something like a choker and the other two were long chains hanging almost upto the waist. PW3 raised an alarm, the accused was chased, but he disappeared in the darkness. The learned Addl. SPP submits that this was a social function, that the accused is not a stranger, that the incident has been witnessed by PWs 4 and 7, who have corroborated the evidence of PW3 and that consequently, this is a case where a straight conviction ought to have been recorded.

( 2 ) AS against this, the respondents learned counsel submits that the entire case is framed up because the accused is a journalist, he had gone to photograph certain incriminating evidence relating to the sale of illicit liquor, that he was attacked, his camera was snatched and that he has lodged a complaint with regard to the incident, which case is still not decided. Regardless of this defence, what he submitted is that the trial Court has carefully analysed the evidence and disbelieved it and Mr. Basavaraj Kareddy, the learned counsel who represents the respondent submitted that in the absence of any recovery and in the absence of any independent evidence, no interference is called for in this case.

( 3 ) WE have heard the learned counsel on both sides on merits of the case and we have also perused the records.

( 4 ) CERTAIN facts do stand out in this case. The first is that the trial Court has record a significant conclusion that if the three gold chains were forcibly snatched from the neck of the PW3 that there is absolutely no doubt about the fact that injuries would have resulted, because it is impossible for any one to snatch three gold chains at a time unless a lot of force is used and if this is done, injuries to the victim would be inevitable. This is undoubtedly a tell-tale circumstance because the evidence of PW3 itself is otherwise doubtful as she has indicated a wrong date of the incident. PWs 4 and 7 are family members and they have mechanically supported the version of PW3, but the fact of the matter remains that the prosecution has no explanation for the non-recovery of the items in question. The IO has sought to put forward a plea that this is a case in which the accused made a voluntary statement to the effect that he had sold the ornaments to some unknown persons at the bus stand and used up the money. This statement is, prima facie, unbelievable. Particularly in a case of theft, robbery and dacoity, the most important evidence is recovery evidence and the Courts are even required to deal with a host of cases where the Police take the easy way out and plant the evidence through the so called receiver by attributing the voluntary statement to the accused that he had pointed out the person and the property. In this background, if three valuable gold items were the subject matter of the offence and the Police were unable to recover the same, this only leads to a level of doubt that is considerable. What compounds the entire matter is that this was a traditional ceremony that is celebrated for the coming of age and at an event of this type where a large number of persons are present and the place is lighted up, it is quite impossible to accept the version that a known person would snatch the jewalry from the girl, who is the centra

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