(18)
36/
S.C.No.463/2009 (Judgment)
Thus, relying on the aforesaid ratios Advocate Shri Mote has strongly
argued that in the light of said evidence of panch witnesses, the charges levelled
against accused by name Javedkhan are not proved beyond doubt and hence benefit
of doubt be given to the accused and he be acquitted.
37/
Advocate Shri Ghanekar for accused No.2 has also relied on the ratio
laid down by Hon'ble Supreme Court in the case of “ Trimbak Vs. State of M.P.
Reported in 1954 Cri.L.J.335 (Supreme Court) (1)”. In this case, in order to
prove the charge under Section 411 of IPC, the guidelines are given and it is held
that to prove the charge it has to be proved that the stolen property was in the
possession of the accused and some persons other than the accused had possession
of the property before the accused got possession of it, and that the accused had
knowledge that the property was stolen property.
38/
Advocate Shri Ghanekar has also relied on the ratio laid down by
Hon'ble Supreme Court in the case of “Karnal Singh Uttam Singh v. State of
Maharashtra, reported in 1976 Cri.L.J.842”. In that case, it has been held that
where the explanation which the accused had given was good enough to raise
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