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.