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Supreme Court of India 2022-09-07 allowed

Shiv Kumar vs The State of Madhya Pradesh

Bench: 2 — K.M. Joseph, Hrishikesh Roy

In Brief

A truck driver was murdered during a robbery, and goods were looted. The appellant and a co-accused purchased and sold the stolen articles. Both were convicted under Section 411 IPC (receiving stolen property) by the trial court and High Court. The Supreme Court allowed the appeal and acquitted the appellant, holding that the prosecution failed to establish the essential ingredient of knowledge—that the appellant knew the goods were stolen. Mere possession and selling at lower prices are insufficient. The conviction violated the principle that mens rea must be independently proved.",

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Criminal Law Stolen Property Mens Rea Evidence Conviction and Acquittal Section 411 IPC

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