An offence under Section 413 of the Indian Penal Code, 1860, relating to habitual dealing in stolen property, is established when the prosecution provides convincing proof of frequent instances of receiving or dealing with such property, wherein continuous conduct satisfies the requirement of habitual activity, not merely casual possession.

VINOD S. BHARDWAJ, J. (Oral)

1. The present appeal arises out of the judgment of conviction dated and order of sentence dated 03.11.2010 passed by the Sessions Judge, Sri Muktsar Sahib, in Sessions Case bearing RT No.37 dated 23.02.2010/15.05.2009, arising out of FIR bearing No.06 dated 25.01.2009, registered under Section(s) 379, 411 and 413 of the Indian Penal Code, 1860, at Police Station City Malout.

2. Briefly stated, the case of the prosecution is that on 25.01.2009, a police party headed by Head Constable Harwinderpal Singh No. 392, along with Head Constable Swaran Singh No. 701 and other officials, was present at Bathinda Chowk, Malout, on naka duty. During the course of such duty, a secret information was received by HC Harwinderpal Singh to the effect that Balbir Singh @ Bira, son of Gurmukh Singh, resident of Sheikhu Road, Ward No. 7, Dhingra Colony, Malout, was habitually engaged in selling stolen motorcycles and bicycles. It was further informed that on the said day, he was present beneath a shed on the right side of the grain market, in possession of a green coloured Suzuki motorcycle bearing registration No. PB-53-6773, which he intended to sell and which was suspected to be stolen. Finding the information to be credible, HC Harwinderpal Singh reduced the same into writing and sent a ruqa to Police Station City Malout, on the basis whereof a formal FIR came to be registered by ASI Sham Lal. Thereafter, a raiding party was constituted and a raid was conducted at the indicated location. The accused was apprehended while standing with the said motorcycle. Upon inquiry, he disclosed that he had stolen the motorcycle on 24.01.2009 at about 4:00 PM from a narrow street behind the Government Hospital and was present there to sell the same. The said motorcycle, bearing chassis No. 9105F-938473 and engine No. 9105-M-992543 and without any valid documents, was taken into police possession vide a recovery memo attested by HC Swaran Singh and HC Bagh Chand. During further interrogation while in custody, the accused made a disclosure statement admitting that he had also stolen two bicycles of Atlas make one black and one green from the Civil Hospital, Malout and from a fodder stall at Sarabha Nagar, Malout. He further disclosed that he had concealed the said bicycles in paddy straw at a deserted brick kiln on Sheikhu Road, Malout, which fact was within his exclusive knowledge. The disclosure statement was recorded and attested by the witnesses. Pursuant thereto, the accused led the police party to the disclosed place of concealment and got recovered one Atlas Goldline Super bicycle bearing chassis No. 832265 and another Atlas Super Strong bicycle bearing chassis No. 1752606 of green colour. The said bicycles were taken into possession vide separate recovery memos attested by the aforesaid witnesses. The investigating officer also prepared a rough site plan of the place of recovery and recorded statements of the witnesses. The accused was thereafter arrested in connection with the theft of the bicycles as well.

3. After completion of the investigation challan against the appellants was presented in the Court and copies of the same were supplied to the accused. The Ilaqa Magistrate committed the case to the Court of Sessions vide order dated 17.04.2009.

4. Upon consideration of the material placed on record and finding that a prima facie case was made out, the Trial Court framed charge against the appellant under Sections 411 and 413 IPC. The appellant pleaded not guilty to the charge and claimed trial.

5. In order to prove its ca