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    <title>1997 (2) TMI 598 - BOMBAY HIGH COURT</title>
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    <description>Recovery of stolen ornaments was treated as reliable where supported by the investigating officer and an independent witness, despite another witness turning hostile. The presumption from recent possession under the Indian Evidence Act may apply in principle to dacoity as an aggravated form of theft, but requires possession sufficiently proximate to the theft. Possession recovered nearly one month and ten days later was not recent enough to support dacoity or deadly-weapon charges. It instead supported liability for dishonest retention of stolen property, where the possessor knew or had reason to believe the goods were stolen. Sentencing may be reduced to imprisonment already undergone with a fine and default imprisonment where prolonged lapse of time and circumstances make further custody unnecessary.</description>
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    <pubDate>Thu, 27 Feb 1997 00:00:00 +0530</pubDate>
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      <title>1997 (2) TMI 598 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=302912</link>
      <description>Recovery of stolen ornaments was treated as reliable where supported by the investigating officer and an independent witness, despite another witness turning hostile. The presumption from recent possession under the Indian Evidence Act may apply in principle to dacoity as an aggravated form of theft, but requires possession sufficiently proximate to the theft. Possession recovered nearly one month and ten days later was not recent enough to support dacoity or deadly-weapon charges. It instead supported liability for dishonest retention of stolen property, where the possessor knew or had reason to believe the goods were stolen. Sentencing may be reduced to imprisonment already undergone with a fine and default imprisonment where prolonged lapse of time and circumstances make further custody unnecessary.</description>
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      <pubDate>Thu, 27 Feb 1997 00:00:00 +0530</pubDate>
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