AIR 1969 DELHI 315

Delhi High Court

Hon'ble Judge(s): I. D. Dua , C.J.

(A) Penal Code (45 of 1860) , S.235— Ingredients necessary - Mere possession of incriminating articles not sufficient - Articles must be such as could be used for the offending purpose - Destruction of articles before disposal of case, fatal to the prosecution case. High Court Rules and Orders. Delhi High Court Rules and Orders (Vol. 3) , Vol.III, Chap.11E— Criminal P.C. (5 of 1898) , S.516A, S.517— The accused, a mistri, was found to be in possession of some dies and moulds as could be used to manufacture counterfeit coins. The lower Court found him guilty under Section 235, Penal Code. By the time the appeal that was preferred came up for hearing the above dies and moulds were not available for examination by the Court. The police had by then destroyed them. Held, on facts, that conviction could not be sustained because the guilt could not be said to have been brought home without any probability of doubt. Being @page-Del316 a mistry he might be having the moulds etc., for some other innocent purpose.(Para 6 7) Before an offence could be made out under Section 235, I. P. C. it was obligatory on the prosecution to prove not only the possession of the instrument or the material mentioned therein, but also to prove that the possession was with the i....