Afzal Ahmand Khan Vs. State of Madhya Pradesh
CODE OF CRIMINAL PROCEDURE, 1973 (CrPC)
Section 161 - Examination of witnesses by police
Section 313 - Power to examine the accused.
Section 420 - Cheating and dishonestly inducing delivery of property
Section 120 B - Punishment of criminal conspiracy
Section 394 - Voluntarily causing hurt in committing robbery
Section 395 - Punishment for dacoity
Section 471 - Using as genuine a forged document
Section 224 - Resistance or obstruction by a person to his lawful apprehension
Section 412 - Dishonestly receiving property stolen in the commission of a dacoity
Section 411 - Dishonestly receiving stolen property
Section 407 - Criminal breach of trust by carrier, etc
Section 27 - How much of information received from accused may be proved
Madhya Pradesh High Court (Division Bench (DB)- Two Judge)
Criminal Appeal, 725 of 2007, Judgment Date: Apr 25, 2019
Law laid down -
(1) Conviction under Section 395 of I.P.C. is permissible only when ingredients of Section 391 of I.P.C. are fulfilled.
(2) Section 120-B of I.P.C.- Merely because certain stolen articles were recovered from the accused, they cannot be held to be dacoits by invoking presumption unless there is recent recovery from them. Possession of stolen property is an evidence of stolen property and in
absence of any other evidence, it is not safe to draw an inference that the persons possessing the stolen property were involved in the crime, as the suspicion cannot take place of proof.
(3) Section 313 of Cr.P.C.- Presumption under Section 114 of the Evidence Act cannot be invoked against the accused for their involvement in the crime only because they have not given sufficient explanation in the statement under Section 313 of Cr.P.C. unless specific circumstances put to them.
(4) Section 412 of I.P.C.- If the ingredients of Section 391 of I.P.C. are not fulfilled, conviction on the basis of possession of stolen property under Section 411 of I.P.C. is proper.
Afzal Ahmand Khan Vs. State of Madhya Pradesh