IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE G.BHAVANI PRASAD CRIMINAL APPEAL NO : 465 of 2005 Between: The Public Prosecutor, High Court of A.P., Hyderabad. .....APPELLANT. AND Shaik Issock. .....RESPONDENT. JUDGMENT: The acquittal of the second accused in C.C.No.475 of 2000 on the file of the Judicial Magistrate of First Class, Kothapet, East Godavari District, by the judgment, dated 29.06.2001, led the State to prefer the appeal through the learned Public Prosecutor. The factual background for the appeal is that Kunavarapu Venkanna and Kunavarapu Venkatarao went to Ravulapalem on 14.05.1999 at about 8.00 PM to Ravikiran Hospital on TVS Champ two wheeler, parked the vehicle outside the hospital, went inside and when they came outside, the vehicle was found missing. On the report of Kunavarapu Venkanna, a case in Crime No.37 of 1999 was registered by Ravulapalem Police. Similarly, another Bajaj Chetak Scooter, which belonged to one Punnapu Suryanarayana, was committed theft on 12.09.1999 at about 4.30 PM, when he kept it in front of Bhaskar Sweet Stall, Ravulapalem. On the report of Punnapu Suryanarayana, a case in Crime No.89 of 1999 was registered by Ravulapalem Police. The Inspector of Police, Palakol, arrested the first accused on 29.09.2000 and on his voluntary confession before independent mediators, he was found to be involved in these two and many other offences. These two motorcycles were seized from the shed of the second accused on 30.09.2000 at 2.00 AM in the presence of independent mediators and the first accused was remanded to judicial custody. A charge sheet was filed against both the accused. After copies of documents were furnished to both the accused on their entering appearance before the trial Court, they were examined under Section 239 of the Code of Criminal Procedure, during which, they pleaded not guilty. A charge under Section 411 of the Indian Penal Code was denied by them and during trial, the prosecution examined P.Ws.1 to 5 and marked Exs.P1 to P6 and M.Os.1 and 2. The accused denied the incriminating circumstances appearing against them when they were examined under Section 313 of the Code of Criminal Procedure and they did not adduce any defence evidence. The trial Court, by the impugned judgment, convicted and sentenced the first accused for an offence punishable under Section 411 of the Indian Penal Code. The said conviction and sentence are not the subject matter of the present appeal. Insofar as the second accused is concerned, the trial Court observed that the second accused, who was alleged to be the receiver of the stolen property, was not proved to have had any knowledge about the two motorcycles-M.Os.1 and 2 being stolen property or to have dishonestly retained M.Os.1 and 2 with such knowledge. Consequently, the trial Court acquitted the second accused. The grounds of appeal are to the effect that the very recovery of the stolen property from the possession of the second accused should have led to his conviction, more so, when he was probablised to be a habitual receiver of stolen property. Sri K.Venkateswara Rao, learned counsel representing the learned Public Prosecutor and Sri Ch.Krupavanth, learned counsel representing Sri K. Chidambaram, learned counsel for the second accused/respondent were heard at length. The point for consideration is whether the prosecution has proved the guilt of the second accused for the offence under Section 411 of the Indian Penal Code beyond reasonable doubt. P.W.1 is the victim, whose TVS Champ two-wheeler was committed theft of and he admittedly did not know who committed theft of his vehicle. Similarly, P.W.2 is the victim, whose Bajaj Chetak scooter was committed theft of and he also admittedly did not know who committed theft of his vehicle. P.W.4 only spoke about the registration of the First Information Reports in both the cases and P.W.5, the then Inspector of Police, Palakol, deposed in detail about the arrest of the first accused, his confession about the various thefts of vehicles and his taking the police to the place where the said vehicles were kept. His evidence about arresting the second accused as receiver of stolen property had absolutely no reference to any circumstances from which he presumed the second accused to be the receiver of stolen properties within the meaning of Section 411 of the Indian Penal Code. He also admitted that it was only the first accused, who informed that he kept 20 motorcycles in the motor shed room, which was located in a closed premises and his evidence does not in any manner disclose the said motor shed room to be owned or to be under the exclusive possession of the second accused or that the second accused could have had any inclination of any sort about these vehicles being stolen property. It was only the evidence of P.W.3 that can be considered independent when he claimed to have drafted and attested Ex.P4- mediators’ report about the seizure of 20 motorcycles at the motor shed of the second accused. He did not state anything about the presence of the second accused at the time of the alleged seizure or any circumstances from which it can be presumed that the 20 motorcycles seized were under the control or possession of the second accused exclusively. He did not even specify about the involvement of the second accused in the alleged offence. If the oral and documentary evidence on record does not even specifically allege the second accused to have believed or to have reasons to believe that the property/properties was/were stolen, leave alone proving beyond reasonable doubt that he dishonestly received or retained M.Os.1 and 2, which were stolen property, the benefit of reasonable doubt given by the trial Court cannot be faulted and the impugned judgment cannot be interfered with. Hence, the Criminal Appeal is dismissed. _____________________ G. BHAVANI PRASAD, J Date:08.12.2009 sj