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Supreme Court of India 2025-02-25 partly_allowed

HIRALAL BABULAL SONI vs THE STATE OF MAHARASHTRA

Bench: 3 — B.R. Gavai, Prashant Kumar Mishra, K.V. Viswanathan

In Brief

The Supreme Court set aside the conviction of Nandkumar Babulal Soni under Section 411 IPC (receiving stolen property) and ordered return of 205 seized gold bars to him. The case involved a ₹6.7-crore banking fraud at Vijaya Bank through fake Telegraphic Transfers. The prosecution claimed the gold was purchased with fraudulently withdrawn funds. However, the Court found the prosecution failed to prove beyond reasonable doubt that the seized gold was the same property sold in the fraudulent scheme or that the accused had knowledge of its illegal origin. The Court emphasized that circumstantial evidence must be conclusive and form a complete chain; suspicion alone cannot substitute for proof. It held that the prosecution bore the burden to establish identity of the property and knowledge of the accused, which it did not discharge.

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