The prosecution must prove the ownership of the stolen property to establish the offence under Section 411 of the Indian Penal Code.

Sham Sunder, J

1. This appeal is directed against the judgement of conviction, and the order of sentence, dated 06.07.95, rendered by the Court of Additional Judge, Designated Court, Amritsar, vide which, it convicted accused Harvinder Singh, and Manjinder Singh, for the offence, punishable under Section 411 of the Indian Penal Code, and sentenced them, to undergo rigorous imprisonment for a period of six months each.

2. The facts, in brief, are that on 12.12.91, Assistant Sub Inspector Savinder Singh of Police Station Chhehartta alongwith Head Constable Jassa Singh, and other Police officials, was present near Gurdawara Baba Darshan Singh, for checking and holding a picket (nakabandi), under the supervision of Balbir Singh, Station House Officer. At about 5.30 PM, four persons on two scooters came from the side of bye-pass. They were asked to stop. One person who was pillion rider succeeded in running away from the spot. Three persons were apprehended. Scooter No. PB02C 2230, was being driven by Harvinder Singh, and Bhupinder Singh, was the pillion rider. Manjinder Singh alias doctor, was driving scooter No. PIA 7915. On personal search of Manjinder Singh, accused, one loaded pistol P1, was recovered, from the right pocket of the pant worn by him. On unloading the same, one live cartridge P2, was recovered. Manjinder Singh, accused, could not produce any licence or permit, for the possession of the pistol, and the cartridge. On interrogation, Manjinder Singh, accused, told that the person who succeeded in running away was Bau son of Darshan Singh, resident of Village Khaper Kheri. Harvinder Singh, Manjinder Singh, and Bhupinder Singh, could not produce any document of ownership of the scooters. Rough sketch PE of the pistol was prepared, which was attested by Jassa Singh, and Dalbir Singh, Head Constables. Pistol P1, and cartridge P2, were taken into possession, vide memo PE, attested by the prosecution witnesses. Scooter No. PB02C 2230, was taken into possession, vide memo PG, attested by the prosecution witnesses. Scooter No. PIA 7915, was taken into possession, vide memo PH, which was also attested by the prosecution witnesses. Chassis number and engine number of the scooters were mentioned, in the recovery memo PH. Ruqa PJ, was sent to the Police Station, on the basis whereof, the first information report PJ/1, was registered by Sub Inspector Mohinder Singh. Rough site plan PK, of the place of recovery, with correct marginal notes, was prepared. The accused were arrested. The statements of the witnesses were recorded. After the completion of investigation, the accused were challaned.

3. On their appearance, in the Court, the accused were supplied the copies of documents, relied upon by the prosecution. Charge under Section 392, and 411 of the Indian Penal Code, as also under Section 3/4 of the Terrorist Disruptive Activities (Prevention) Act, was framed against them, to which they pleaded not guilty, and claimed judicial trial.

4. The prosecution, in support of its case, examined Deepak Kumar (PW1), Ripudaman Tejpal (PW2), Assistant Sub Inspector Savinder Singh (PW3), Head Constable Jassa Singh (PW4), Surinder Singh, Clerk, DTO Office, Amritsar (PW5), and Head Constable Mohinder Singh, Armourer (PW6). Thereafter, the Public Prosecutor for the State, closed the prosecution evidence.

5. The statements of the accused under Section 313 of the Code of Criminal Procedure, were recorded. They were put all the incriminating circumstances, appearing against them, in the prosecution evidence. They pleaded false implication. They, however, did not produce, any evidence, in defence.

6. After hearing the Counsel for the parties, and, on going through the evidence, on record, the trial Court, convicted Harvinder Singh, and Manjinder Singh, accused, for the offence, punishable under Section 411 of the Indian Penal Code, but acquitted them, of the remaining offences.

7. Feeling aggrieved, the instant appeal, was filed by Manjinde