VidhiSangh

Supreme Court of India · 24/02/2025

HIRALAL BABULAL SONI versus THE STATE OF MAHARASHTRA & ORS.

[2025] 2 S.C.R. 708 · 2025 INSC 266

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Summary

In a bank fraud through forged telegraphic transfers, the Supreme Court acquitted a jeweller convicted under Sections 120B and 411 IPC, holding that once the courts below found that the 205 seized gold bars were not proved to be the gold bought with the fraudulent demand drafts, he could not be convicted, nor could Sections 106 or 114 of the Evidence Act be used to shift the burden to him; the gold was ordered returned to him and the bank's claim was rejected.

Issues

  1. Whether the conviction of accused no. 3 under Section 411 read with Section 120B IPC could stand when the identity of the seized gold bars as stolen property was not established.
  2. Whether the courts below could invoke Sections 106 and 114 of the Evidence Act against the accused for failing to prove lawful acquisition of the gold.
  3. Who was entitled to possession of the seized gold bars: the accused, the bank, or another claimant.

Provisions considered

Held

Result

Criminal Appeal Nos. 581-583 of 2012 allowed; conviction and sentence of accused no. 3 under Sections 120B and 411 IPC set aside and the 205 seized gold bars directed to be handed over to him; appeals of Vijaya Bank and Hiralal Babulal Soni for return of the gold dismissed, leaving other legal remedies open.

Judgment PDF: Supreme Court of India, [2025] 2 S.C.R. 708.