VidhiSangh

Supreme Court of India · 07/09/2022

SHIV KUMAR versus THE STATE OF MADHYA PRADESH

[2022] 7 S.C.R. 493 · 2022 INSC 933

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Summary

A truck carrying household goods from Indore to Satna was looted and its driver murdered. Articles worth about Rs. 20,000 were seized from the appellant's utensil shop on the disclosure statements of co-accused, and he was convicted under Section 411 IPC for dishonestly receiving stolen property, on the footing that he had been selling goods cheaply. The Supreme Court allowed his appeal and acquitted him. Section 411 requires proof that the accused knew or had reason to believe the goods were stolen (Trimbak). Mere negligence or a cause to suspect is not enough. The co-accused's disclosure statements could not establish that knowledge. The seizure was unreliable and goods worth about Rs. 20,000 could not be linked to a Rs. 12.5 lakh consignment. A shopkeeper possessing utensils or selling cheaply does not prove mens rea.

Issues

  1. Whether the conviction under Section 411 IPC could be sustained without proof that the accused knew or had reason to believe the seized utensils were stolen property
  2. Whether the Supreme Court should interfere under Article 136 with concurrent findings where an essential ingredient of the offence is unproved

Provisions considered

Held

Result

Appeal allowed. The conviction and sentence under Section 411 IPC were set aside and the appellant acquitted.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 493.