Further, it is a settled law that it is not necessary that the
person who files the complaint of theft should establish that he
was the owner of the theft property. However, when evidence
about the possession of de facto complainant of the theft property
is never collected during the investigation or produced during the
Digitally signed by Abhinav
Abhinav Ahlawat
Date:
FIR No. 90/2018, PS Jafarpur Kalan State vs. Rahul Page 16 of 18 Ahlawat 2024.05.02
17:27:59
+0530
trial conviction in the charge of theft cannot be sustained as held
in Bhuta Singh vs. State of Rajasthan 1985 WLN (UC) 378.