A bona fide claim of right can be a valid defence to a charge of theft under Section 380 of the Indian Penal Code.

Judgment

HIDAYATULLAH, J. : The two appellants, who were granted special leave by this Court, appeal against the judgment of the High Court of Andhra Pradesh convicting them, on appeal against acquittal, of an offence under S. 380 of the Indian Penal Code and sentencing them to six months rigorous imprisonment and a fine of Rs. 500 each, with further rigorous imprisonment for one month in default of payment of fine.

2. The prosecution case which had a checkered career in the High Court and the two Courts below, is as follows: In Dusi, which is a part of Bhaskararaopuram, there was a Press known as Srinivasa Printing Press at Srinivasa Ashram. This Press existed for over 17 years. Pappala Chinna Ramadasu (P.W. 4) was admittedly a printer and for some years, the declared keeper of that Press under S. 4 of the Press and Registration of Books Act, 1867. The declarations were made in 1944 (Ex. P. 4) and 1917 (Ex. P. 5). On November 21, 1955, Pappala Chinna Ramadasu sold this Press by a registered document (Ex. P. 1.) to one Boddepalli Lakshminarayana for Rs. 4,000, of which Rs. 3,500 were shown to have been paid in advance and the balance was received by Pappala Chinna Ramadasu on January 10, 1956 (Ex. P. 2). Two applications were then made on December 1, 1955, respectively by Chinna Ramadasu and Boddepalli Lakshminarayana before the Collector and District Magistrate, for substituting the name of Boddepalli Lakshminarayana in place of that of Pappala Chinna Ramadasu in the declaration. On December 6, 1955, by Ex. P. 11 they were informed that they should apply under the Press and Registration of Books Act (25 of 1867), Subsequently, on January 11, 1956, a declaration under S. 4 of that Act was made by Boddepalli Lakshminarayana and was accepted (Ex. P. 3),

3. The case of the prosecution further is that Boddepalli Lakshminarayana went to Kurnool on March 20, 1956, and in his absence, the two appellants with two others (who were prosecuted but acquitted) removed the Printing Press on the night of March 25, 1956, to Korlakota, where the first appellant, Apparao, resides. A report of the offence (Ex. P. 13), purporting to be written on March 27, 1956, was handed in at the police station house on the following day at 8 p.m. The police took no action, and a complaint was therefore, filed on April 4, 1956 by Boddepalli Lakshminarayana. The Judicial Second Class Magistrate, Srikakulam convicted the two appellants of an offence under S. 380 of the Indian Penal Code, and acquitted the two others, with whom we are not concerned, and sentenced each of the appellants to simple imprisonment till the rising of the Court and a fine of Rs. 250, with simple imprisonment for one month in default. On appeal, the Additional District and Sessions Judge, Srikakulam, set aside the conviction and acquitted them. The complainant then obtained special leave of the High Court to file an appeal against this acquittal, and the High Court reversed the acquittal, as already indicated above.

4. In support of the prosecution case, the complainant examined four witnesses, including himself. Pappala Chinna Ramadasu was examined as P.W. 4 to prove that he had sold the Press to Boddepalli Lakshminarayana, and two other witnesses were examined to prove the removal of the Printing Press by the appellants.

5. The defence of the appellants was as follows: According to them, the press originally belonged to one Govindachari, and on October 25, 1947, he transferred it to Kuna Appala Naidu by Ex. D. 2. In the registered sale deed then executed, Govindachari was joined formally by Pappala Chinna Ramadasu. The sale was for Rs. 6,400, and on the same day, a promissory note was executed by Kuna Appala Naidu in favour of Govindachari, which was attested by Pappala Chinna Ramadasu, Subsequently Appala Naidu made payments of certain amounts, and endorsements on the promissory note showing these payments were signed by Pappala Chinna Ramadasu as a witness. Kuna Appala Naidu was examined