1985 ALL. L. J. 950 ::(1985) 2 CriLC 536 ::(1985) AllCriC 399 ::(1985) AllCriR 409 ::(1985) All WC 786 ::1985 ALLAPPCAS (Cri) 148

Allahabad High Court

Hon'ble Judge(s): N. N. Sharma , J

(A) Penal Code (45 of 1860) , S.411— Evidence Act (1 of 1872) , S.114 Illus.(g)— -Receiving of stolen property - Recovery memo drawn on spot at time of recovery, not produced in Court - Police Inspector preparing memo not produced as witness - No single witness from public picked up while conducting search - Presumption is that evidence, if produced, would have been unfavourable to prosecution. (Para 20) (B) Evidence Act (1 of 1872) , S.3— Penal Code (45 of 1860) , S.411— Receiving of stolen article - Property, an idol made out of combination of metals - Accused requesting Court to send article to Chemical Laboratory for metallurgic test - Accused directed to deposit two and half lakh rupees to avoid apprehension of loss of idol - Amounts to negation of right of accused - Conviction illegal owing to failure of prosecution to prove that idol was made as claimed. (Para 22) (C) Evidence Act (1 of 1872) , S.9— Identification of idol - Recovery memo not produced in Court - No proof to show that idol as seized from place of recovery till identification was kept in sealed condition - Identification held to be a farce. (Para 24) ....