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1978 DIGILAW 186 (MP)

Aroonjal v. State of M. P.

1978-03-03

K.K.DUBE

body1978
Short Note : 1. Since there is no other-evidence except the recovery of the Thali from the possession of the appellant. it is tried to be argued that it cannot be said beyond reasonable doubt that the appellant participated in the theft. The reasonable inference would be that he had been the receiver of the stolen property and he should be convicted under section 411 of the Penal Code. The incident took place on October 27, 1973 and the Thali was seized from the possession of the appellant on November 6, 1973 i.e. after nine days. The possession was thus recent and it does not appear that within this short period of time the appellant could have acquired the Thali by any other means except by participating in the theft. In the opinion of this Court, the inference that the Thali had been acquired by committing theft has been properly drawn. The conviction under section 380 of the Penal Code is proper. Appeal dismissed.