SD. Shabuddin v. State of Telangana 2025 INSC 999 - S.411 IPC - Dishonestly Receiving Stolen Property
"In order to uphold conviction under Section 411 IPC, it is sine qua non that the property in the possession of accused is a stolen property."
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Indian Penal Code 1860 - Section 411 -Dishonestly receiving stolen property- To base a conviction under Section 411 IPC solely on the ground that both the accused were unable to account for being in possession of huge amount of cash is both incorrect and untenable - To establish culpability under Section 411 IPC, it must be proved that the accused had dishonestly received or retained the stolen property and in doing so, he either had knowledge or reason to believe that the same is a stolen property- In order to uphold conviction under Section 411 IPC, it is sine qua non that the property in the possession of accused is a stolen property. If the property is not a stolen property, the charge under Section 411 IPC cannot be sustained. (Para 14-15)
Indian Evidence Act 1872 - Section 114 - Illustration (a) - This illustration would only apply where the prosecution establishes the foundational fact of the theft of goods and the possession thereof by the accused soon after the incident. (Para 14)
Case Info
Case Name and Neutral Citation
- Case Name: SD. Shabuddin v. State of Telangana
- Neutral Citation: 2025 INSC 999
Coram (Judges)
- Justice Vikram Nath
- Justice Sandeep Mehta
Judgment Date
- Date: August 19, 2025
Caselaws and Citations Referred
- Shiv Kumar v. State of Madhya Pradesh, (2022) 9 SCC 676
Statutes/Laws Referred
- Indian Penal Code, 1860 (IPC)
- Section 302 (Murder)
- Section 201 (Causing disappearance of evidence)
- Section 379 (Theft)
- Section 411 (Dishonestly receiving stolen property)
- Indian Evidence Act, 1872
- Section 114 (Presumption regarding possession of stolen goods)
- Section 102 (Burden of proof)