Section 411 IPC: Prosecution must prove accused knew property was stolen- Supreme Court

07 May 2024 8:19 AM

By: Admin

According to the Supreme Court, it must be proven that the accused had knowledge that the property was stolen in order to be found guilty under Section 411 of the IPC.

Shiv Kumar and co-defendant Shatrughan Prasad were charged by the prosecution of receiving the items stolen from the truck while fully aware that they were stolen property. The accused was found guilty by the Trial Court, and the conviction was upheld by the High Court.

The accused-attorney, appellant's Lav Kumar Agrawal, argued before the Supreme Court that the prosecution's failure to present any evidence demonstrating that the accused knew the items confiscated were taken from the plundered truck negated the fundamental elements of the Section 411 IPC offence. It was argued that the accused's conviction under Section 411 of the IPC cannot be upheld in court unless the accused's knowledge of the nature of the products sold by them is proven. Advocate Gopal Jha, who appeared for the State stated that there are ample material and evidence on record which proves the guilt of the accused.

The bench made note of Section 411 IPC and Trimbak v. State of Madhya Pradesh AIR 1954 SC 39, noting that in order to establish guilt under Section 411 IPC, the prosecution must demonstrate that (1) the stolen property was in the accused's possession, (2) that someone else had possession of the property before the accused did, and (3) that the accused knew the property was stolen property. The court said that the disclosure statement of one accused cannot be considered as a proof that the appellant had information that the utensils were stolen goods, as stated by the bench of Justices KM Joseph and Hrishikesh Roy.

The court noted these things while allowing the appeal.

Shiv Kumar

State of Madhya Pradesh