Hiralal Babulal Soni vs State Of Maharashtra 2025 INSC 266 - S 411 IPC - S 114 Evidence Act

Indian Penal Code 1860 - Section 411- In order to bring home the charge under Section 411 of the IPC, it is the duty of the prosecution to prove (i) that the stolen property was in the possession of the accused; (ii) that some persons other than the accused had possession of the property before the accused got possession of it and (iii) that the accused had knowledge that the property was stolen property. (Para 32)

Indian Evidence Act 1872 - Section 114 - Invocation of Section 114 of the Evidence Act is not at all permissible when the prosecution has failed to discharge its initial burden- The weakness in the defence or the accused's failure to substantiate the fact while answering question in his accused statement cannot become the strength of the prosecution. (Para 37)