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Nand Kishore Ram vs The State Of Bihar on 11 July, 2017 cites

Willie (William) Slaney vs The State Of Madhya Pradesh on 31 October, 1955

. During course of argument, learned counsel for the appellant has been requested to assist the court to arrive at a just conclusion over fate of the appellants relating to an offence punishable under Section 412 of the IPC in absence of charge having against them for the aforesaid offence in the background of section 221 of the IPC read with Section 464 of the Cr.P.C. and further the principle decided by the Constitution Bench of the Hon'ble Apex Court in Willie (William) Slaney vs. State of Madhya Pradesh reported in AIR 1956 SC 116 giving a seal of permissibility on that very score in the Patna High Court CR. APP (SJ) No.667 of 2015 dt.11-07-2017 6 background of recovery of cash in huge quantity from respective possession of the appellants. During course thereof, the ambit and scope of the Section 27 of the Evidence Act has also been taken into consideration and further deficiency on the part of the appellant while claiming, explaining presence of such huge quantity of cash whereupon the learned counsel for the appellant has submitted that appellants would not be liable to be convicted under instant prosecution because of the fact that (a) there happens to be proper explanation at the end of the appellant, (b) Even negativating the same, it was incumbent upon the prosecution to have led sufficient evidence in order to prove connectivity, (c) the cash so recovered from the possession of the appellant would not be held to be stolen property in terms of deficiency having prescribed under Section 410 of the IPC.
Supreme Court of India Cites 62 - Cited by 526 - V Bose - Full Document
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