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karthik (advocate)     14 January 2011

theft case

Dear all members,

The accused was charged u/s.380 and 457 of ipc for the offence of theft in a temple hundial.There are several hundials kept in the temple and each one has seperate distinct identity.But the prosecution witnesses and in the FIR and in charge sheet no one spoke about in which hundial theft was commited.More over the prosecution has not marked the hundial as an M.O. and produced before the court (the hundial is moveable) and nor any photographs also submitted.Whether it is mandatory to produce the hundial before the court and is there any lacuna on the side of prosecution.please refer citation if any?The case is in the argument stage.



Learning

 1 Replies

Bhawani Mahapatra (Law Officer)     14 January 2011

Its not mandatory to produce the Hundial before the Court. But as you  rightly told, it should be specifically marked if there are more than one hundial in a temple. If prosecution lacks specification of the hundial, which was theft, it will definitely give advantage to the accuse. Because court requires proof beyond all reasonable doubts.


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