Soon after commission of theft, stolen goods are found in possession of the accused, what type of presumption can be drawn by the court in such a case? Refer to the relevant provision of the Evidence Act.

Facts of the Case

A theft was committed involving certain movable property. Soon after the commission of the theft, the said stolen goods were recovered from the possession of the accused.

The prosecution relies upon this circumstance to connect the accused with the offence, contending that such recent possession of stolen property gives rise to a legal presumption under the Indian Evidence Act, 1872. The accused disputes the inference and claims that mere possession is insufficient to establish guilt.

Issues in the Case

1. Whether the court can draw any presumption against the accused on the basis of recent possession of stolen goods?
2. What is the nature and type of such presumption under the Indian Evidence Act, 1872?
3. What is the legal effect of such presumption on the burden of proof in a criminal 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 facts which it thinks likely to have happened, having regard to:

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

Illustration (a) to Section 114 specifically provides that:

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

Thus, the law permits the court to draw a presumption of guilt based on recent possession.

B. Nature of the Presumption

The presumption arising under Section 114, Illustration (a) is:

• A presumption of fact,
• Discretionary in nature (“may presume”), and
• Rebuttable, not conclusive.

The court must examine the facts and circumstances of each case before raising such presumption.

C. Effect on Burden of Proof – Sections 101 and 106

• Initially, under Section 101, the burden lies on the prosecution to prove theft and possession of stolen property.
• Once recent possession is established, Section 106 comes into operation, shifting the burden to the accused to explain how he came into possession of the stolen goods, as this fact lies especially within his knowledge.

A failure to give a plausible explanation strengthens the presumption.

D. Judicial Approach

Indian courts have consistently held that:

• The time-gap implied by “soon after” depends on the nature of the property and surrounding facts,
• If the accused offers a reasonable explanation, the presumption is rebutted,
• In absence of such explanation, the presumption may lead to conviction, subject to overall evidence.

Possible Judgment

The Court is likely to hold that:

1. The recovery of stolen goods from the accused soon after the commission of theft attracts the presumption under Section 114, Illustration (a) of the Indian Evidence Act, 1872.
2. The court may presume that the accused is either:
   • The actual thief, or
   • A person who knowingly received stolen property.
3. This is a rebuttable presumption of fact, and the accused is entitled to displace it by providing a reasonable explanation of lawful possession.
4. If the accused fails to rebut the presumption, it may form a substantive link in the chain of evidence leading to conviction.

Final Decision

In cases where stolen goods are found in the possession of the accused soon after the theft, the court may draw a rebuttable presumption of fact under Section 114, Illustration (a) of the Indian Evidence Act, 1872, significantly strengthening the prosecution case.

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