Mere keeping stolen goods not culpable offence: SC
One-liner: Mere possession of stolen goods is not enough to make it a culpable offence and the prosecution is required to prove the accused had the knowledge that it was stolen property, the SC said on Wednesday.
Jail term set aside: A bench set aside the jail term of two years and a fine of ₹1,000 imposed on a man named Shiv Kumar for the offence of dishonestly receiving stolen property under the IPC.
Offence: The bench dealt in detail with the ingredients of Sec 411 of the IPC which deals with the offence of dishonestly receiving stolen property and provides for the punishment.
What makes it culpable: The initial possession of the goods in question may not be illegal but retaining those with the knowledge that it was stolen property makes it culpable, a judge said.
Prosecution failed: Referring to the facts of the case, the bench said the prosecution has failed to establish that the convict had the knowledge that articles seized from his possession are stolen goods.
Received stolen articles: It was alleged that Shiv Kumar had received stolen articles, including some utensils, and had sold them in his own shop in Madhya Pradesh.