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Jitendra Gochhayat (Developer)     11 January 2024

How to recover my stolen jewelleries from court ,if i don't have purchased bills as evidence ?

Dear Sir/Madam,
It's almost a year, some jewellery items were stolen by my niece from my bed room and gave it to her boyfriend.Later police caught the boy along with the stolen jewelleries.I haven't file FIR till now because of lack of clarity.I thought it was missing somewhere inside my house.My niece admitted in front of police that she had stolen my jewellery items.Police arrested her boyfriend and released my niece because she was minor.Police asked us to produce evidence to claim ownership of the properties.But, I didn't have bills for the same but there were some photographs in my mobile wearing the jewelleries.But Police told us that photographs can't be considered as proof to claim your ownership.Police instructed us to hire an advocate and collect proper bills for each jewellery items and produce in front of  the court .Now the jewelleries are kept in locked-cell in the police station.

As discussed with couple of lawyers, they told that it's impossible to recover your jewelleries from court without purchase bills.
Sir, I need your knowledgeable advice on this.

  • I have photographs of wearing each jewelleries.
  • I remember the vendors of jewellery items but they are not ready to give me a copy of bill or receipt.I tried a lot but no luck.
  • The jewellery items are 7-8 years old and some of them are gifts at the marriage ceremony .So no bill received at that time.
     

Is there any hope to get back the jewellery items from court ?
Please suggest me if there is any other ways to convince the judge who believes only on evidence.

Thanks
 



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     11 January 2024

You can engage a talented advocate and fight your case through court of law. 

The advocate can sail through all the odds to fetch you the desired relief. 

Real Soul.... (LEGAL)     12 January 2024

You need to file for release of jewelry  on supardnama from court, file application in CJM court to direct the P/S concerned to release the items and your niece can witness and identify the jewelry 

LCI Thought Leader Sanjeev Duggal Advocate   19 January 2024

Proving ownership without the purchase invoices could be difficult, but not impossible. Bills are considered to be substantial evidence, but in your situation, different formats might be acceptable as evidence. For example,the pictures of you with the jewellery might be considered circumstantial evidence. However, it's critical to prove their authenticity and connection to the stolen goods.You may consider the following steps for doing so: -

  • Prepare an affidavit stating the details of each jewellery item like how and when they were acquired, and attach the photographs.
  • Seek statements from family or friends who can testify to the jewellery being in your possession.
  • Consult a jeweller to provide an expert opinion, confirming the uniqueness and characteristics of the jewellery shown in the photographs.
  • Referring legal precedents where courts have accepted circumstantial evidence in the absence of bills.

While the absence of bills is a hurdle, a combination of these factors might strengthen your case.


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