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.

JUDGMENT

1. The petitioner has challenged the judgment and order dated 02.11.2017 delivered by the Addl. Sessions Judge, Gomati Judicial District at Udaipur in Criminal Appeal No.06 (01) of 2017 affirming the judgment and order of conviction and sentence of the petitioner under Section 411 of the INDIAN PENAL CODE (IPC, hereunder).

2. The brief facts of the case are as under:

Shri Adibashi Jamatia, son of late Abhichandra Jamatia of village : Atharobhola under Killa Police Station, Udaipur lodged a written complaint with the Officer-in- Charge of Killa Police Station on 27.10.2014 at about 8 O clock in the morning alleging that 02 cows were stolen from his house at around 12 O clock in the night on 26.10.2014 and he could not find out his cows despite making an extensive search in the neighbourhood. He, therefore, urged the Officer-in-Charge of the police station for recovery of his cows.

3. Based on his FIR, Killa P.S. Case No. 32 of 2014 under Section 380 IPC was registered on 27th October, 2014 and investigation of the case was taken up. When the investigation of the case was in progress at Killa police station, Shri Pradip Kumar Shil, a Sub- Inspector of Police of Jatrapur police station received an information from his source that the night guards of the area called Luddhamura at Jatrapur and the local residents had detained a Bolero vehicle bearing registration No.TR-03-D-1795 in which the stolen cows were being carried by the petitioner namely Laxmindar Chakma along with accused Md. Sangsar Ali and Md. Iqbal Hossain. The police officer rushed to the place and detained the vehicle and seized the cows by a seizure list dated 27.10.2014 [Exbt.2/3]. After recovery and seizure of the cows and the vehicle in which they were being carried, the police officer informed the Officer-in-Charge of Killa Police Station [PW-21] about the recovery and seizure of the cows. Pursuant to such information the Officer-in-Charge of Killa Police Station immediately rushed to Jatrapur Police Station along with the informant owner of the cows from where he recovered the cows and further seized the vehicle as well as the stolen cows. Thereafter, the Investigating Officer recorded the statement of the material witnesses of the case and at the conclusion of his investigation, he submitted charge sheet No.22 of 2014 dated 20.11.2014 against the 03 accused namely Laxmindar Chakma, Md. Sangsar Ali and Md. Iqbal Hossain for offence punishable under Sections 380 and 411 of the IPC and Sections 181 , 190A and 196 of the MOTOR VEHICLES ACT , 1988. Having received the Charge Sheet, the learned Chief Judicial Magistrate took cognizance of offence punishable under Sections 380 and 411 IPC vide order dated 17.12.2014 and the trial commenced against the 03 accused with the framing of charge against them under Sections 380 read with Section 34 IPC and Section 411 read with Section 34 IPC. The charges framed by the learned trial court against accused persons are as follows:

"Firstly- That all of you on 26-27.10.2014 at night at about 2400 hours at any time at Atharobhola in the house of the informant Sri Adibashi Kr.Jamatia under Killa P.S with common intention stolen away two cattle from the cowshed of the complainant and thus thereby all of you have committed an offence punishable U/S. 380 read with Section 34 of IPC and within the cognizance of the court.

Lastly- That on 27.10.2014 at night at the Jatrapur P.S. under Sepahijala District all of you are detained with the said two cattle and with common intention all of you received