Concurrent findings of fact by lower courts are upheld unless a clear error is shown; possession of stolen property creates a presumption of guilt.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Revision No. 230 of 2016 Reserved on: 07.07.2025 Date of Decision: 28.07.2025 Sonu Ram & Anr. ...Petitioners Versus State of H.P. ...Respondent Coram r Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?¹ Yes.

For the Petitioners : Mr. P.K. Verma, Advocate.

For the Respondent-State : Mr. Ajit Sharma, Deputy Advocate General.

Rakesh Kainthla, Judge The present revision is directed against the judgment dated 19.05.2016, passed by the learned Additional Sessions Judge-I, Shimla Camp at Rohru, H.P. (learned Appellate Court) vide which the judgment of conviction dated 18.04.2009 and order of sentence dated 23.04.2009, passed by learned Sub Division Judicial Magistrate, Court No.1, Rohru, H.P. (learned Trial Court), were partly upheld. (Parties shall hereinafter be referred to in the

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

same manner as they were arrayed before the learned Trial Court for convenience.)

2. Briefly stated, the facts giving rise Hto the present petition are that the police presented a challan before the learned Trial Court against the accused for the commission of offences punishable under Sections 3 79 , 411 and 201 of the Indian Penal Code (in short “IPC”), Section 5 of the Telegraph Wires (Unlawful Possession) Act (in short “TWUP”), 1950 and Section 3 of the Prevention of Damage to Public Property Act (in short “PDP” Act), 1984. It was asserted that complainant Babu P.V. Giri (PW1) was posted as Junior Telecom OfÏcer in the Telephone Exchange Rohru at Rohru. Madhosh (PW3) was posted as a Lineman in the Telecom Department. He received a complaint on 25.02.2006 that the telephones were not functioning. He checked the cable and found that the cable had been stolen by an unknown person at Kanewara, the place where the telephone facility was disrupted. He and P.V. Giri Babu (PW1) made a written complaint (Ex. PW1/A) to the police, upon which FIR (Ex.PW7/A) was registered. Raj Kumar (PW7) conducted the investigation. He visited the spot and prepared the site plan (Ex.PW7/B). The police found a 90-meter wire kept in the field, and seized it vide seizure memo (Ex.PW1/B).

The police also found burnt wire at Makhinalla, which was seized vide memo (Ex.PW1/C). The police searched the shops of the junk sellers and found the aluminium and copper wires in the shop of Ajay Thakur, located at Makhinalla. These were weighted, and the weight of the copper wire was found to be 01 Kg. Ajay Thakur revealed on inquiry that he had purchased the wire from the accused Sonu Ram. The police arrested Sonu Ram. He made a disclosure statement (Ex.PuW1/D) that he had concealed the cable wire at Makhinalla, wohich could be got recovered by him. He got recovered 20 paCirs of cable wire weighing 8½ kg. These were seized vide memo (Ex.PW1/E). The police also seized the Register (Ex.PD) containing the entry of ½ kg copper dated 26.02.2006 and 01 kg copper dated 27.06.2006. This register was seized vide H memo (Ex.PW4/A). The photographs (Ex.PA1 to Ex.PA3) were taken. Site plans (Ex. PW7/C and Ex.PW7/D) were prepared. The statements of witnesses were recorded as per their version, and after the completion of the investigation, the challan was prepared and presented before the learned Trial Court.

3. Learned Trial Court charged the accused Sonu Ram with the commission of offences punishable under Section 3 79 of the IPC, Section 5 of the TWUP and Section 3 of the PDP Act, and the accused Ajay Thakur with the commission of an offence punishable under Section 411 of the IPC, to which the accused pleaded not guilty and claimed to be tried.

4. The prosecution examined 07 witnesses to prove its case. Babu P.V. Giri (PW1) reported the matter to the police. Ismail Mohammad (PW2) is the witness to the disclosure statement and recovery. Madhosh (PW3) is the Lineman who had detected the theft. HHC Ramesh Kumar (PW4) is the ofÏcial witness to recovery. Constabl