The central legal point established is that conscious possession of stolen articles and vehicles can lead to conviction under Section 411 of the IPC.

JUDGMENT :

1. The appellant has filed the present appeal impugning a judgment dated 03.07.2017, whereby the Ld. ASJ, Karkardooma Courts convicted the appellant for committing an offence punishable under Section 411 of the Indian Penal Code, 1860 (hereafter IPC). By an order dated 12.07.2017, which is also impugned in this appeal, the appellant was sentenced to undergo rigorous imprisonment for a period of three years along with a fine of Rs.5,000/- and in default of payment of fine, to undergo simple imprisonment for a further period of six months for committing an offence punishable under Section 411 of the IPC.

2. Briefly stated, the facts of the case are that on 07.04.2016, one Mohammed Izhar lodged an online FIR No 10505/16, under Section 379 of the IPC regarding theft of his motorcycle bearing no. DL-5S-AK-3375. Thereafter, on 14.04.2016, Special Staff, North East apprehended the appellant with the stolen vehicle. Further at the instance of the appellant, parts of the two-wheeler vehicle were recovered. The chassis bearing no. 11969 of the abovesaid motorcycle was also recovered from the premises of the appellant and was lodged as DD No. 70B. The accused was arrested in kalandara proceedings and was sent to judicial custody. Thereafter, he was arrested in this case from the concerned court, where he was produced on execution of a production warrant with the allegation that he had been habitually dealing with stolen properties and several cases had been lodged against him.

3. Pursuant to the aforesaid FIR, the accused (the appellant herein) was charged with commission of an offence punishable under Section 413 of the IPC. He pleaded not guilty and the matter was set down for trial. During the course of the trial, the prosecution examined nine witnesses.

4. The Trial Court evaluated the evidence and it was found that the prosecution had established that the appellant was in conscious possession of the stolen articles as the same were recovered at his instance from his premises. The prosecution had also established that the appellant was found riding a stolen vehicle by the police officials. In view of the above, the Trial Court convicted the appellant for committing an offence punishable under Section 411 of the IPC.

5. HC Vinay Kumar (incorrectly mentioned as HC Vijay Kumar in the deposition) was examined as PW-4. He correctly identified the accused in open court. He stated that he was posted with Special Staff, North East District, at the material time. He deposed that on 12.04.2016, he was checking vehicles along with SI Shahid (PW-6), ASI Rakesh Kumar and Ct. Bhuddan Tyagi at 66, Foota Road, Near MCD Office, Yamuna Vihar at Kardam Puri Bus Stop. At about 5:30 pm, the accused (driving an Avenger Bajaj bearing registration No. DL 6S 2221) was stopped and checked. He stated that the accused could not produce the documents relating to the motorcycle that he was riding on checking by PW-6. He stated that on deep interrogation, the aforementioned vehicle was found to be stolen property. He stated that the accused also disclosed that other stolen vehicles and parts of vehicles can be recovered from his house. PW-6 prepared kalandara (Ex PW4/A), site plan of the place of arrest (Ex PW4/C) and recorded the disclosure statement of the accused (Ex PW4/B). Thereafter, they went to the house of the accused, 1009, Gali No. 33, Jafrabad and the accused pointed towards six scooties with different registration numbers, three motorcycles, three engines of two wheelers, ten chassis of two wheelers, number plates of vehicles, registration number and other loose parts of two wheelers like tanki, seats, indicators, chain rim and tyres etc., which were lying in the hall of the aforesaid house. The accused stated that the stolen properties were purchased by him from thieves after making payment to them. Thereafter, PW-6 seized the stolen goods vide seizure memo (Ex PW4/D) under Section 102 of the Cr.PC and prepared site plan of the place of recover