2011 (6) TMI 1002 - SC - Indian Laws

Summary

Issues involved: Appeal against acquittal u/s 395, 396, 397 IPC based on recovery of stolen property.

Facts: A robbery incident led to the death of a woman and a chowkidar. Accused persons were arrested, and recovery of stolen items was made based on their disclosure statements.

Legal Principles:
- Recovery of stolen property alone not conclusive evidence of guilt (Geejaganda Somaiah case).
- Presumption of guilt depends on time factor and nature of possession (Tulsiram Kanu case).
- Recent and unexplained possession of stolen property can be presumptive evidence of guilt (Sanjay @ Kaka case).
- Recovery of articles soon after robbery and murder can lead to presumption of guilt (Ronny Alias Ronald James Alwaris case).

Decision: No identification parade held, no witnesses identified the accused. Recovery of items not in close proximity to the incident. No adverse inference can be drawn based on recoveries. Upheld High Court's acquittal decision based on settled law on interference with orders of acquittal.

Judgment: Appeal dismissed, acquittal of accused upheld.