Stolen property
PRAKASHCHANDRA MARU
(Querist) 02 July 2014
This query is : Resolved
Hello all learned That somebody stolen all ornaments of my wife my child and my also. Thief was caught in another offence and then it was disclosed that he was the same fellow who stolen my ornaments so I lodged complain
Now I want to tack back all my ornaments from the custody of police by way of court order but the question is that I have not the bills of the said ornaments so pls inform if there is any judgement regarding this one
Some times some court does not allow and consider the affidavit of applicant so this question arise in such kind of situation what I have to do ? please inform me
Regards
Sudhir Kumar, Advocate
(Expert) 03 July 2014
if you are unable to prove your title to the property the person can be absolved of the charges of theft.
Devajyoti Barman
(Expert) 03 July 2014
To get back the stolen article you do not need receipts.
There are other methods to identity its actual owner and in its basis the IO will submit the status report as a result of which you can get back the property.
Sunil S Nair
(Expert) 03 July 2014
Better go ahead as mentioned by above experts take help of local lawyer in your area
Lawyer SALEEMA KABEER
(Expert) 03 July 2014
Unless and until there is no rival claimant, normally, even in the absence of any document to show the ownership, on the basis of the police report the court will pass orders to return back the said properties to the person who is having legal possession over the same.
Biswanath Roy
(Expert) 03 July 2014
If you can give design, description and approximate weight of the ornaments then stolen ornaments can be identified. Suppose a stolen pair of Bangles were recovered if you can say that on the body of the Bangles are designed with flowers and if the recovery officer finds that design on the body of the bangles it can be said as identified.
Thyagarajan
(Expert) 03 July 2014
I agree with Expert Mr. Burman. Police will take the culprit round the places where from the article are stolen and ask which items are stolen from which house.you can identify yours also. sometime the robbers do not remember. It happened in my mother in-laws case that robber told 1 lakh worth gold was stolen from her house but it was not hers but her neighbor's.do not take what was not yours
T. Kalaiselvan, Advocate
(Expert) 05 July 2014
I go with the opinions of expert Br. Barman and Mr. Thyagarajan on the subject issue, you may follow their suggestions.
Biswanath Roy
(Expert) 05 July 2014
Statement of an accused cannot be accepted as evidence before the Court. I REITERATE MY OPINION IS CORRECT. On the question of identification of stolen articles/ property description and specifications of the goods must be considered as lawful identification.
