Law: Penal Code (XLV of 1860)

Section: 379,411

Law: Criminal Procedure Code (V of 1898)

Section: 435,439

(a) Penal Code (XLV of 1860)--- ----Ss. 379 411---Theft, dishonestly receiving stolen property---Appreciation of evidence---Benefit of doubt---Failure to prove dishonest retention of property---Scope---Accused was convicted under S.411, P.P.C. for having been found in possession of stolen article---Prosecution had failed to prove that the accused had dishonestly received or retained the stolen property knowing the same to be stolen---Place of recovery was also not in exclusive possession of the accused---Description of the stolen property as mentioned in the FIR was quite different from the description of property allegedly recovered on the pointation of accused---Investigating Officer had failed to produce the departure and arrival entries of roznamcha of the day of recovery---Prosecution had failed to prove its case against the accused, in circumstances---Appeal against conviction was allowed, in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 411---Dishonestly receiving stolen property---Scope---Mere possession of the stolen property is not sufficient to constitute an offence under S.411, P.P.C. rather in addition, it has to be established that the person in possession of the stolen property had dishonestly received or retained the property knowing or having reasons to believe the same to be stolen---Onus is always on the prosecution to prove the essential elements of the offence---In case of failure on the part of the prosecution to prove the basic ingredients i.e. receipt or retention of property belonging to someone else, the property being stolen one, existence of knowledge or belief on the part of the person found in possession and the receipt and retention is dishonest, no conviction can be awarded. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 435 439--- Revisional jurisdiction---Scope---Scope of revision against findings of conviction is very limited, however, where the finding of fact affecting the decision is not based on the evidence or it is result of misreading or non-reading of evidence on record then revisional jurisdiction is very wide and is not a power, but a duty, which has to be exercised whenever facts calling for its exercise…

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