State vs Yogesh Sharma & Anr on 15 September, 2022
20. Further, I do not find force in the argument of Ld. Counsel for
State Vs. Yogesh Sharma @ Yogi
FIR No. 1007/2015, PS: Saket Page 9 of 16
accused that the case property was not recovered from the accused. It
is settled position of law that recovery of stolen property is not sine
qua non to prove the commission of theft by the accused. Mere non-
recovery of the stolen property from the accused will not vitiate the
case of the prosecution if, the testimonies of the witnesses steadfastly
points towards the guilt of the accused.