(71)
S.C.No.463/2009 (Judgment)
Pradip Chandaliya is concerned, the argument advanced by Advocate Shri Ghanekar
shows that, the said mobile phone was seized by Police from accused Pradip.
According to Advocate Shri Ghanekar, accused Pradip was not aware that it was
stolen property and hence according to him, offences under Sections 411 and 414 of
IPC are not made out against accused No.2 by name Pradip. So far as an offence
under Section 414 of IPC against accused No.2 Pradip is concerned, nothing has
been brought on record that this accused assisted in concealing that property and
hence so far as accused No.2 Pradip is concerned, an offence under Section 414 is
not proved by the prosecution. So far as Section 411 of IPC is concerned as stated
earlier, the argument advanced by Advocate Shri Ghanekar as well as the evidence
of Police Constable Bahule and API Shri Patare shows that said mobile was found
with accused Pradip.
117/
In this regard, Advocate Shri Ghanekar has relied on the ratio laid down
by Hon'ble Supreme Court in the case of “Trimbak v. State of M.P. Reported in
1954 Cr.L.J.335” wherein three ingredients to prove the offence under Section 411
are given. (1) The stolen property was found in possession of the accused (2) That
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