Soon after commission of theft, stolen goods are found in possession of ‘X’. What type of presumption can be raised by thecourt in the trial of ‘X’? What is the impact of such a presumption? Refer to the relevant provision of the Evidence Act.

Facts of the Case

A theft is committed and soon after the commission of the offence, the stolen property is recovered from the possession of ‘X’. The prosecution alleges that ‘X’ is either the thief or has knowingly received stolen property.

During the trial, the court is required to consider whether any presumption arises under the Indian Evidence Act, 1872 based on the fact that recently stolen goods were found in the possession of ‘X’, and what legal effect such presumption carries.

Issues in the Case

1. Whether the court can raise a presumption against ‘X’ due to possession of stolen goods soon after theft?
2. What type of presumption arises under the Indian Evidence Act, 1872?
3. What is the impact and evidentiary value of such presumption on the burden of proof during trial?

Legal Principles Covered to Support Case Proceedings and Judgments

A. Presumption under Section 114, Illustration (a) – Indian Evidence Act, 1872

Section 114 empowers the court to presume the existence of certain facts which it thinks likely to have happened, having regard to:

• The common course of natural events
• Human conduct
• Public and private business

Illustration (a) to Section 114 provides:

A man who is in possession of stolen goods soon after the theft may be presumed either to be the thief or to have received the goods knowing them to be stolen, unless he can account for his possession.

Thus, the presumption arises due to:

• Possession of stolen property, and
• Proximity of time between theft and recovery.

B. Nature of the Presumption – Rebuttable Presumption

The presumption under Section 114 is:

• A presumption of fact,
• Discretionary in nature, and
• Rebuttable, not conclusive.

The court “may presume”, meaning it is not mandatory and depends on the facts and circumstances of each case.

C. Impact on Burden of Proof – Sections 101 & 106

• Under Section 101, the prosecution bears the initial burden to prove theft and possession.
• Once possession of recently stolen property is proved, the burden shifts to ‘X’ under Section 106, as the fact of how the goods came into his possession lies especially within his knowledge.

Failure of ‘X’ to give a satisfactory explanation strengthens the presumption.

D. Judicial Interpretation

Courts have consistently held that:

• Recent possession is a strong incriminating circumstance.
• The term “soon after” depends on the nature of goods and circumstances.
• Conviction can be based solely on such presumption if no reasonable explanation is offered.

However, if ‘X’ provides a plausible and credible explanation, the presumption stands rebutted.

Possible Judgment

The Court is likely to hold that:

1. The possession of stolen goods soon after theft justifies raising a presumption of fact under Section 114, Illustration (a) of the Indian Evidence Act, 1872.
2. The presumption is that ‘X’ is either the thief or a receiver of stolen property with knowledge of theft.
3. This presumption is rebuttable, and ‘X’ is entitled to disprove it by offering a reasonable explanation of lawful possession.
4. If ‘X’ fails to rebut the presumption, it may form a strong basis for conviction, subject to overall appreciation of evidence.

Final Decision

The court may raise a rebuttable presumption of fact under Section 114, Illustration (a) against ‘X’. This presumption shifts the evidentiary burden to ‘X’ and significantly strengthens the prosecution case, though it does not relieve the prosecution of its primary burden of proving theft beyond reasonable doubt.

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