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Shiv Kumar vs. State of Madhya Pradesh (SC)

46.00 4.60

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Penal Code, 1860–Sec. 411–Constitution of offence–To establish that a person is dealing with stolen property, the belief factor of the person is of stellar import–For successful prosecution, it is not enough to prove that the accused was either negligent or that he had a cause to think that the property was stolen, or that he failed to make enough inquiries to comprehend the nature of goods procured by him–The initial possession of the goods in question may not be illegal but retaining those with the knowledge that it was stolen property, makes it culpable.