VidhiSangh

Supreme Court of India · 11/08/2023

MANOJ KUMAR SONI versus THE STATE OF MADHYA PRADESH

[2023] 11 S.C.R. 246 · 2023 INSC 705

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Summary

The Court acquitted two appellants convicted of receiving stolen property and criminal conspiracy. Disclosure-led recoveries were untrustworthy in light of hostile seizure witnesses and contradictory evidence. The prosecution failed to prove dishonest receipt or retention with knowledge, or an agreement to conspire. Material incriminating circumstances had also not been put to the alleged receiver during his examination.

Issues

  1. Whether the disclosure statements and disputed recoveries established the appellants’ guilt.
  2. Whether the presumption concerning recent possession supported the receiving conviction.
  3. Whether the accused’s examination and proof of conspiracy met legal requirements.

Provisions considered

Held

Result

Both appeals allowed; Manoj and Kallu acquitted and their convictions and sentences set aside. Immediate release directed unless wanted in another case. No costs.

Judgment PDF: Supreme Court of India, [2023] 11 S.C.R. 246.