Bom HC | Conviction under S. 380 IPC upheld on basis of presumption under Illustration (a) of S. 114 of Evidence Act

Bombay High Court: The Bench of M.G. Giratkar, J. dismissed a revision petition against the judgment of Judicial Magistrate (First Class) whereby the petitioner was convicted for offences punishable under Sections 380 and 457 IPC.

The petitioner was charge-sheeted for committing theft of gold ornaments and cash at night. As per the prosecution, after lodging of complaint in the matter, the petitioner was immediately arrested and was found in possession of gold ornaments and cash of Rs 2500 complained to be stolen. The matter went to trial and the petitioner was convicted as mentioned above.

N.M. Gaidhane, Advocate for the petitioner submitted that there was no evidence against the petitioner to convict him. On the other hand, V.P. Gangane, Additional Public Prosecutor representing the State supported the judgment of the trial court.

The High Court noted that as per the independent witness, at the time of petitioner’s arrest gold articles and cash were seized from him and he was unable to explain the possession of those articles. The Court referred to Section 114 of the Evidence Act which provides that the court may presume the existence of certain facts. Illustration (a) of this section states that “a man who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession.” As in the present case, the petitioner was not able to rebut the presumption under Section 114 as he failed to account for the articles found in his possession immediately after the theft. Hence, his conviction was upheld while the sentence was modified for the period of imprisonment already undergone by him. [Imran Khan v. State of Maharashtra, 2019 SCC OnLine Bom 46, dated 14-01-2019]

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