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1977 Supreme(Online)(Bom) 7

GOA, DAMAN AND DIU J.C'S COURT
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Umesh Mukund Mashelkar v. State


Advocates:
For the Appellants/Petitioners: Shri Vaze

Table of Content
1. facts of theft and ownership dispute. (Para 1 , 2)
2. arguments regarding burden and presumption. (Para 3)
3. judicial interpretation of presumption standards. (Para 4)
4. conclusion requiring remand for proper law application. (Para 5)

1.This Criminal Revision Application is directed against the order of the Additional Sessions Judge, Panaji, dated 24-1-1976 dismissing the appeal of the applicant and confirming the order of conviction imposed upon him by the J.M.F.C., Panaji.

2. The case of the prosecution is that one Chandrakant Raikar, P.W.1 at whose instance this case was instituted by the Police was the owner in possession of a Raleigh Cycle (M.O.1); sometime between 1-12-1973 and 15-12-1973, Raikar parked the cycle near the Cine Nacional and went to see the film. When he returned to fetch his cycle after the picture was over he found that the cycle was missing. He did not lodge any complaint to the Police at the time the cycle was missing as, according to him, he was searching for the cycle. Sometime in the month of January the accused was arrested by the police in connection with some thefts of cycles. Raikar went to the Police Station to see whether his cycle




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