Niyam v2 is live — start for just ₹100 — 200 credits to try

february 1970

Supreme Court of India · 1970-02-19

SHIVAPPA & ORS. vs STATE OF MYSORE

Citation / case number
SC 1967/138
Court
Supreme Court of India
Petitioner
SHIVAPPA & ORS.
Respondent
STATE OF MYSORE
Bench
HIDAYATULLAH, M. (CJ)

Judgment text excerpt

The Supreme Court held that under Section 114 of the Indian Evidence Act, a presumption of complicity in dacoity can be drawn when the recovery of stolen property occurs shortly after the crime, provided there is some evidence connecting the accused to the crime. The Court clarified that if there is any other evidence linking the accused to the crime, the possession of stolen goods strengthens that evidence, negating the need for a presumption. In this case, the Court upheld the conviction of the appellants under Section 395 IPC, affirming the High Court's decision.

SHIVAPPA & ORS. vs STATE OF MYSORE · Niyam