Supreme Court · 2022 INSC 933 · Decided 7 September 2022
Shiv Kumar v. The State of Madhya Pradesh
- Court
- Supreme Court of India
- Citation
- 2022 INSC 933 · [2022] 7 S.C.R. 493
- Case number
- CRIMINAL APPEAL No. 1503/2022
- Decided
- 7 September 2022
- Bench
- K.M. JOSEPH, HRISHIKESH ROY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 411
Headnote
Penal Code, 1860: s.411 - Dishonestly receiving stolen property - Prosecution case was that the appellant-accused and co-accused received the articles looted from the truck knowing fully well that those are stolen property - Trial court convicted both the accused u/s.411 - that a person is dealing with stolen property, the 'believe' factor of the person is of stellar import - It is not enough for prosecution to prove that the accused was either negligent or that he had a cause to think that the property was stolen, or that he failed to make
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