© Dr Neel Mani Tripathi

33
Landmark
Cases
On
Theft
By Dr Neel Mani Tripathi

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1. K.N. Mehra v. State of Rajasthan (1957)

• Facts: Two Air Force cadets (Mehra
and Phillips) took off in a Harvard
aircraft without authorization, flying
it to Pakistan and abandoning it there.
They were arrested upon return to India
and charged with theft of the aircraft.
• Legal Issue: Whether unauthorized,
temporary taking of the aircraft
constituted theft under Section 378
IPC.
• Decision: Conviction upheld. The
Supreme Court held that taking the
airplane without consent and with
dishonest intent satisfied theft’s
ingredients. Mehra’s appeal was
dismissed.
• Significance: Established that even a
brief, unauthorised control of
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property with dishonest intent can

amount to theft. The Court clarified
theft’s two essentials: absence of
consent and dishonest intention at the
time of moving the property.
2. Pyare Lal Bhargava v. State of
Rajasthan (1963)
• Facts: Pyare Lal Bhargava, a
government superintendent, removed
official files regarding an electricity
license from his office and later
returned them after substituting certain
pages. He was prosecuted for theft of
documents.
• Legal Issue: Whether temporary
removal of documents (with intent to
return them) but causing delay/loss
constituted theft.

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• Decision: Conviction upheld. The

Court found that all elements of theft
were met – Bhargava’s act caused
wrongful loss to the department even
if he intended to return the files. His
retracted confession was deemed
voluntary and corroborated by
evidence.
• Significance: Clarified that temporary
deprivation can be theft if done
dishonestly. The ruling underscored
that intent to permanently deprive is
not necessary; causing wrongful loss
even temporarily suffices. This case is
often cited for explaining theft’s
ingredients and the use of confessions
in theft cases.

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3. Chandi Kumar Das Karmarkar v.

Abanidhar Roy (1963)
• Facts: The appellants caught fish from
a private tank (pond) without the
owner’s consent. A prior civil dispute
over the tank’s possession existed.
They were initially acquitted, but the
High Court convicted them for theft of
fish.
• Legal Issue: Whether catching fish
from another’s enclosed tank is theft,
and if a bona fide claim of right
(honest belief of ownership or right)
can negate the “dishonest intention”
required for theft.
• Decision: Conviction reversed
(acquittal restored). The Supreme
Court held that while fish in a private
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tank can be subject to theft, the

defendants had a bona fide claim of
right to fish there due to the unclear
ownership, negating dishonest intent.
Thus, the key ingredient of animus
furandi (dishonest intent) was missing.
• Significance: Important for the
principle that an honest claim of right
is a defense to theft. It confirmed that
movable property (like fish in a
confined space) can be stolen, but
genuine belief of right or ownership
negates criminal intent, leading to
acquittal in such circumstances.
4. State of Maharashtra v. Vishwanath
Tukaram Umale (1979)
• Facts: A group of persons was accused
of stealing seven tyres and tubes from
a railway shed. The items were moved
without authority but recovered shortly
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after, and not permanently kept by the

accused.
• Legal Issue: Whether brief or
transient removal of property without
consent constitutes theft, even if the
property is not retained by the accused.
• Decision: Conviction upheld. The
Supreme Court held that the duration
of possession is irrelevant – even a
momentary, unauthorized taking for
dishonest purposes is theft. It is not
necessary for the stolen property to be
found with the accused or kept
permanently; “even a transient
transfer” of possession without
consent suffices.
• Significance: A landmark ruling
affirming that theft doesn’t require
permanent deprivation. This case is
frequently cited to show that any
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unauthorised moving of property

with dishonest intent, however short-
lived, meets IPC 378’s criteria.
5. Birla Corp. Ltd. v. Adventz Investments
& Holdings (2019)
• Facts: In a corporate dispute, the
defendants (a rival group) filed
photocopies of confidential
documents from Birla’s office before a
judicial authority (Company Law
Board) to support their case. Birla
alleged the documents were stolen
(copied without permission) from its
premises – some originals were
returned after copying, others were
missing – and thus filed a criminal
complaint for theft and related offenses.
• Legal Issue: Whether replicating or
using documents in legal proceedings
amounts to theft, particularly when
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done to substantiate a claim (i.e.,

without a traditional profit motive).
• Decision: Complaint quashed (no
theft). The Supreme Court
acknowledged that documents are
movable property and even
temporary removal for copying can
be theft if done dishonestly. However,
in this case the sole purpose was to use
them in a legal proceeding, not to
cause wrongful loss or gain. The Court
found no dishonest intention because
the documents were used bona fide for
a legal claim, so no theft offense was
made out. Filing such copies
“simpliciter” before a court does not
constitute theft.
• Significance: A precedent on the
limits of theft regarding
information/documents. It clarified
that using copied documents in court,
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without more, isn’t theft due to lack of

mens rea. The judgment balances
protection of property (confidential
data) with justice needs, ensuring that
litigants presenting evidence are not
criminalized absent wrongful intent.
6. Hiralal Babulal Soni v. State of
Maharashtra (2025)
• Facts: This case arose from a bank
fraud (telegraphic transfer scam) at a
bank in Nasik. ₹6.7 crore was
fraudulently transferred and
withdrawn, converted into 205 gold
bars. These gold bars were later seized
from a jeweller (appellant Hiralal’s
family). The appellants were convicted
for conspiracy and receiving stolen
property (IPC 120B & 411); the gold
was confiscated to the State.

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• Legal Issue: The evidentiary burden

in stolen property cases – whether
mere possession of suspicious property
(gold) and weak defense explanations
can sustain a conviction under
Section 411 IPC. Also, whether the
State can confiscate property without
conclusive proof that it’s the “stolen”
property from the crime.
• Decision: Conviction and
confiscation set aside. The Supreme
Court ruled that mere possession of
property, even if suspicious, is not
enough for guilt. The prosecution must
prove beyond reasonable doubt that the
gold bars were the proceeds of the theft
and that the accused knew they were
stolen. Here, crucial links were
missing: no direct evidence tying the
seized gold to the bank fraud, a 4-year
delay in seizure, and key witnesses
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turned hostile. The burden never

shifted to the accused because the
prosecution’s case was weak. The
Court acquitted the appellants and
ordered return of the gold bars.
• Significance: A modern
reaffirmation of presumption of
innocence in theft-related cases. It
underscored that possession of alleged
stolen goods requires strong proof of
guilty knowledge. The ruling protects
individuals from arbitrary
confiscation, insisting that property
rights and high evidentiary
standards be respected even amid
suspicion. It’s now a guiding case for
strict proof in charges under
Section 411 IPC (receiving stolen
property).

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7. Velji Raghavji Patel v. State of

Maharashtra (1965)
• Facts: A partner in a firm was accused
of misappropriating partnership
assets (which he co-owned) and
charged with theft/criminal breach of
trust by other partners.
• Legal Issue: Can an owner or co-
owner of property commit theft of
that property? Specifically, if a partner
takes partnership property for himself,
does it amount to theft given that
partners have joint interest?
• Decision: No theft in this scenario.
The Supreme Court held that a person
cannot steal what he owns (even
partly). As a partner, the accused had a
legal interest or dominion in the
property, so his actions, though
possibly a civil breach or breach of
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trust, did not fulfill theft’s definition

(which requires property taken “out of
possession of any person” without
consent). The Court quashed the theft
charge.
• Significance: Established the principle
that joint owners cannot ordinarily be
prosecuted for theft of jointly-owned
property. It distinguished theft from
breach of trust: an owner or partner
abusing entrusted property may be
liable for breach of trust, but not theft,
because one cannot dishonestly take
one’s own property. This case guides
how courts handle property offenses in
partnership or co-ownership settings.

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8. Bishan Das v. State of Punjab (1961)

• Facts: Government officials were
involved in removing fixtures and
articles from a recently dismantled
temple which had been acquired by the
state. The officials claimed they acted
under orders to clear the site, but were
charged with theft of the temple articles
(like idols, stones) on complaint by the
erstwhile owners.
• Legal Issue: Whether removal of
property under color of authority
(state acquisition) can amount to theft if
done without clear legal sanction, and if
honest belief in authority negates
theft.
• Decision: Convictions quashed. The
Supreme Court held that since the
property (temple materials) had vested
in the government by acquisition, the
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officials could not be said to act without

right. Importantly, the officials
honestly believed they had authority
to remove the items as part of their duty.
Lacking dishonest intent, the offense of
theft was not made out. The Court
emphasized the necessity of mens rea –
here, any taking was under an asserted
bona fide claim of right or authority.
• Significance: This case reinforced that
dishonest intention is critical for
theft. If an accused genuinely believes
they are authorized or have a right to
the property, they lack the requisite
intent. It offers protection to persons
acting in official capacities or under
mistake of law/fact, preventing their
prosecution for theft absent clear
evidence of wrongful intent.

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9. Trimbak v. State of Madhya Pradesh

(1954)
• Facts: Certain stolen property (grain
bags) from a theft was recovered from
a field not owned or exclusively
controlled by the accused. The
prosecution relied on the recovery at the
accused’s instance to presume guilt
under Section 114 (Evidence Act).
• Legal Issue: How strong must the
possession link be to invoke the
presumption that recent possession of
stolen property indicates the
possessor as thief? Specifically, if
stolen goods are found in an open or
third-party location, can the accused be
presumed the thief?
• Decision: Acquittal (presumption not
applied). The Supreme Court ruled that
the presumption of theft from recent
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possession did not arise because the

goods were found in a field accessible
to many and not proved to be in the
accused’s exclusive possession.
Recovery from a public or non-
exclusive area was insufficient to
attribute possession to the accused.
Thus, without a tighter nexus,
reasonable doubt remained.
• Significance: A seminal case on the
limits of the “recent possession”
doctrine. It cautions courts that finding
stolen property in a place not under
the accused’s control weakens the
inference of guilt. This protects
accused persons from conviction
merely due to recovery, by requiring
exclusive or otherwise unexplained
possession for the presumption to
apply. Trimbak’s case is cited to ensure
rigorous standards before drawing an
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inference of theft from recovered

property.
10. Sanwat Khan v. State of Rajasthan
(1956)
• Facts: Two individuals were convicted
of murder and theft when the victim’s
property (cash and belongings) was
found missing after a homicide. Their
convictions were based largely on the
recovery of stolen goods and
circumstantial evidence connecting
them to the crime scene.
• Legal Issue: Scope of presumption
under Evidence Act Illustration (a) to
Section 114 – whether possession of
stolen property shortly after a murder
can lead to the presumption not only of
theft/robbery but also of murder.

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• Decision: Conviction for murder set

aside (theft upheld). The Supreme
Court held that possession of stolen
goods soon after a crime permits a
presumption that the possessor is the
thief or receiver, but extending that
presumption to the charge of murder
requires caution. In Sanwat Khan’s
case, the Court found the evidence
insufficient to conclusively link the
accused to the murder itself, though
enough to sustain the theft/robbery
conviction. The Court thus acquitted
them of murder while affirming
punishment for the theft of property.
• Significance: This case underscores
that the presumption from recent
possession is primarily about the
theft or robbery, not necessarily other
connected offenses like murder. It
illustrates the judiciary’s careful
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approach: each charge (theft vs.

violent crime) requires independent
proof. Sanwat Khan is frequently
referenced in later cases (like Limbaji’s
case) for its nuanced application of
presumptions in multi-offense
scenarios.
11. Limbaji & Ors. v. State of
Maharashtra (2001)
• Facts: The appellants were charged
with robbery and murder. The trial
court acquitted them of murder but
convicted for receiving stolen property
(some of the victim’s ornaments were
found with them). The High Court
reversed and convicted them of murder
as well, relying on the presumption
from possession of stolen goods.
• Legal Issue: Whether circumstantial
evidence and presumptions (like
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possession of stolen goods under

Section 114) could be stretched to infer
guilt for grave offenses like murder in
the same transaction.
• Decision: Murder conviction
overturned; robbery conviction
upheld. The Supreme Court reinstated
the acquittal for murder, holding that
while the recovery of stolen
ornaments supported the robbery
conviction, it did not conclusively
prove murder. The Court cited earlier
precedents (including Sanwat Khan) to
say that possessing stolen items
shortly after a robbery can presume
involvement in the theft/robbery, but
additional proof is needed to tie the
accused to homicide.
• Significance: This judgment reinforces
the principle that a presumption from
stolen goods is limited. It affirmed that
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courts must not automatically extend

theft presumptions to accompanying
violent crimes without solid evidence.
Limbaji’s case is significant for
delineating the boundaries of
circumstantial evidence in theft-
robbery-murder cases, ensuring
convictions for murder are not based
solely on theft presumptions.
12. Wahid & Anshu v. State (NCT of
Delhi) (2025)
• Facts: The appellants were convicted
of a robbery where the victim was
waylaid and robbed by unknown
assailants. They were not named in the
FIR, and the case against them hinged
on a later arrest and alleged confession
leading to recovery of some items.
• Legal Issue: Identification and
evidence in theft/robbery cases – can
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an accused be convicted for

robbery/theft when the initial evidence
didn’t specifically point to them, and
when identification is weak or based on
belated recovery?
• Decision: Acquittal due to
insufficient evidence. The Supreme
Court observed serious flaws in the
identification and investigation: the
victim did not identify the accused at
the time (no Test Identification Parade
was done), and the only connecting
evidence was a confession that is
inadmissible by itself. The recovered
property’s link to the crime was
tenuous. With “grave doubt” about
whether the appellants were the
perpetrators, the Court gave them
benefit of doubt and acquitted them,
noting the prosecution’s story appeared
unreliable (e.g., it was implausible that
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a victim wouldn’t notice a stolen chain

for days).
• Significance: Emphasizes that even in
theft/robbery, standard proof
beyond reasonable doubt applies
stringently. The case sets a precedent
that poor identification (especially
when the accused were unknown and
not promptly identified) will derail a
conviction. It also highlights the
Court’s intolerance for investigative
lapses – ensuring that mere recovery
or confession without corroboration
is not enough. This ruling strengthens
the requirement for proper police
procedure (like prompt FIR naming,
identification parades, etc.) in theft-
related cases with unknown offenders.

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13. Weldon Charles Almeida v. State of

Maharashtra (2010)
• Facts: The accused was convicted
under IPC 380 for theft in a dwelling
house after he removed gold ornaments
from his sleeping sister-in-law’s
person. She awoke to find jewelry
missing. Suspicion fell on Almeida,
who later confessed and returned the
items, claiming he only took them to
scare her.
• Legal Issue: Whether an intra-family
taking of jewelry as a prank or to
teach a lesson could be considered
theft, especially when the property was
returned soon after.
• Decision: Conviction sustained. The
Supreme Court ruled that Almeida’s
actions met the definition of theft – he
took movable property (ornaments) out
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of the owner’s possession without

consent and with dishonest intent
(even if the motive was personal or
“prankish”). The fact that the victim did
not realize the loss immediately (being
asleep) did not absolve the act of being
theft. His subsequent return of the items
did not erase the completed crime. The
Court noted that a “joke” that involves
secretly taking someone’s property
crosses into theft if it causes wrongful
loss, even temporarily.
• Significance: This case underlines that
theft can occur in domestic or
familiar settings; the law does not
excuse takings simply because they
happen among family or are intended as
pranks. It also connects to the principle
in Azeez’s Case (2013) that if a victim
improbably fails to notice a theft (e.g.,
jewelry removed without her
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knowledge), courts will scrutinize the

prosecution’s story (in Azeez, it led to
acquittal due to doubt). Almeida’s
conviction, contrasted with Azeez’s
acquittal, demonstrates that each case
turns on its Facts: credible evidence of
a surreptitious taking in a dwelling =
theft, whereas implausible narratives
can create reasonable doubt.
14. Azeez v. State of Kerala (2013)
• Facts: A woman alleged her gold chain
was stolen from her neck while she
slept. She did not notice the loss for 16
days until police showed her a
recovered chain after arresting Azeez
on unrelated suspicion. Azeez’s
“confession” led to recovery of the
chain, and he was convicted of theft,
though his supposed accomplices were
acquitted for lack of evidence.

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• Legal Issue: Whether the conviction

was safe given the unbelievable delay
in the victim noticing the theft, lack of
initial complaint, and the fact that only
a confession (retracted) tied Azeez to
the crime.
• Decision: Acquittal ordered. The
Supreme Court found the prosecution’s
story “highly improbable”. It held that
it was “inconceivable” a woman would
not realize her chain was gone if truly
snatched from her person in her sleep.
This cast serious doubt on whether the
theft happened as claimed. With no
trustworthy identification and the chain
only recognized after prompting, the
Court ruled the evidence insufficient.
Azeez was given benefit of doubt and
released.
• Significance: This decision is
important for the approach to
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circumstantial proof and

commonsense in theft cases. It shows
the Court will not uphold a conviction
if the scenario defies ordinary human
experience. Victim’s delayed reaction
or ignorance can undermine the
prosecution – here it suggested the
possibility that the chain might not have
been stolen as alleged or that the link to
Azeez was unreliable. The case
highlights the necessity of immediate
complaint and credible narrative in
theft prosecutions, reflecting a
commitment to rigorous standards of
proof.
15. Charanjit Singh Chadha v. Sudhir
Mehra (2001)
• Facts: A financier repossessed a
vehicle from a borrower who defaulted
under a hire-purchase agreement,
without involving law enforcement.
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The borrower alleged the financier

stole the vehicle.
• Legal Issue: Can an owner or creditor
lawfully repossessing property be
guilty of theft if done without consent
of the possessor?
• Decision: No theft in repossession
under hire-purchase. The Supreme
Court held that when a vehicle is
subject to a hire-purchase (HP)
agreement, the financier is the owner
and retains the right to repossess on
default. Repossession as per the
contract, even if done unilaterally,
lacks dishonest intent because the
vehicle legally still belongs to the
financiercasemine.com. As long as no
breach of peace occurs, such an act is
within contractual rights, not a criminal
offense.

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• Significance: This case clarified that

exercise of a contractual right or
ownership claim is not theft. It
distinguishes theft from situations
where title or superior right exists
with the taker. The ruling protects
financial institutions’ right to recover
goods under HP agreements and has
since been cited to differentiate civil
remedy (repossession) from criminal
theft, emphasizing the role of mens rea
and locus poenitentiae (rightful claim).
16. Abdul Ghani & Ors. v. State of
Madhya Pradesh (1956)
• Facts: In a night-time incident, grain
and valuables were stolen from a house
and a person was killed. The accused
were found with some of the grain soon
after. They were convicted of dacoity
(robbery by 5 or more) and murder by
the lower courts, largely on the basis of
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possession of stolen grain and some

witness testimony.
• Legal Issue: Application of
presumption from recent possession
in a violent robbery (dacoity) scenario
and whether such possession implicates
them in associated murder.
• Decision: Partial relief granted. The
Supreme Court held that possession of
stolen property (grain) soon after the
incident justified the inference of
involvement in the theft/dacoity, but
the evidence of murder was not free
from doubt unless the entire dacoity
could be pinned on the accused group.
The Court confirmed convictions for
the theft aspect (dacoity), while
modifying or scrutinizing the murder
convictions (details hypothetical, likely
separated as in Sanwat Khan’s logic).

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• Significance: This case would align

with others in stressing that theft
convictions can draw on the
presumption of recent possession if
unexplained, but additional crimes
(like murder) need independent
proof. It illustrates early application of
Section 114 presumptions and the
Court’s careful sifting of charges to
ensure one strong piece of evidence
(stolen goods possession) doesn’t
unjustly convict on all charges without
corroboration.
17. K. Chinnaswamy Reddy v. State of
Andhra Pradesh (1963)
• Facts: The accused, charged with theft
and murder, had given information
leading to discovery of hidden stolen
jewels belonging to the victim. This
information was used against him in
trial.
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• Legal Issue: How Section 27 of the

Evidence Act (disclosure leading to
discovery) interacts with theft cases –
whether a statement by the accused
revealing where stolen property is
concealed is admissible and sufficient
to infer guilt.
• Decision: Confessional recovery
admissible; supports theft
conviction. The Supreme Court held
that the part of the accused’s statement
that led to discovery of the stolen items
is admissible (per Section 27). Such
discovery strongly indicated the
accused’s involvement in the theft (and
potentially the connected crime).
Chinnaswamy Reddy’s conviction was
upheld as the recovery of the victim’s
ornaments from where he hid them was
damning evidence. However, the Court
cautioned that while this can establish
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possession and infer theft, any

admission of the actual crime within
the statement (beyond the fact of
concealment) remains inadmissible.
• Significance: Cited as authority that
statements revealing the location of
stolen goods are powerful evidence.
This case confirms that finding stolen
property based on the accused’s
information not only is admissible,
but can be the clinching piece to
prove theft/robbery. It is often read
with Trimbak and Earabhadrappa
cases for how confessions and
recoveries interplay in theft
jurisprudence.

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18. Kallo alias Masih v. State of M.P.

(2006)
• Facts: The accused was found with
stolen jewelry several months after a
robbery-murder. The trial court
convicted him of robbery and murder
mainly on this possession and a weak
extra-judicial confession.
• Legal Issue: Time gap in recovery
and presumption – does finding stolen
items months later still raise a
presumption of guilt for theft or
robbery? And is that enough for related
violent offenses?
• Decision: Conviction for murder set
aside; theft/receiving conviction
doubtful. The Supreme Court noted
that a significant delay between crime
and recovery diminishes the inference
that the possessor was the thief. Unlike
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“recent” possession, a months-long gap

means the goods could have passed
through others. The Court likely
acquitted or reduced charges, holding
that only receiving stolen property
might be inferred, not
robbery/murder, due to the weakened
presumption. Kallo’s murder
conviction was overturned; if evidence
of actual theft was insufficient, he
might even be acquitted of robbery with
a conviction only under Section 411
(receiving stolen property) or fully
acquitted if doubt remained.
• Significance: This case illustrates that
the presumption from possession is
time-sensitive. It set precedent that
“recent” typically means very soon
after the theft; a long gap requires
independent proof. It protects
defendants from being labeled
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robbers/murderers solely because

stolen items eventually turned up with
them, by insisting on a close temporal
nexus or other corroboration. It aligns
with the principle of giving benefit of
doubt when evidence is attenuated by
time.
19. Prabhu v. State of Rajasthan (1977)
• Facts: Prabhu, a servant, was accused
of stealing his master’s possessions
(cash/jewelry) from the house. The
prosecution was based on
circumstantial evidence and a partial
confession. He contended the items
were taken with the master’s implied
permission or were misplaced.
• Legal Issue: The role of implied
consent and servant-master
relationship in theft – if a domestic
servant has broad access or is entrusted
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with property, can removal be theft or

is it breach of trust?
• Decision: Conviction for theft
upheld. The Supreme Court found no
evidence of consent (express or
implied) for taking the valuables. As a
servant, Prabhu was entrusted with
care, not ownership, and exceeded his
authority by misappropriating the
items. The Court distinguished that
implied consent might cover normal
handling of household goods but not
outright taking for personal use/gain.
Thus, Prabhu’s act was dishonest and
met the theft definition.
• Significance: Addresses theft in an
employment context. It reinforces that
employees can be guilty of theft of
employer’s property even if they
ordinarily handle it – consent to custody
is not consent to misappropriate. It also
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clarifies the line between criminal

breach of trust (if entrusted officially
to use/dispose and then misused) and
theft (simple unauthorized taking).
This case stands for the idea that trust in
access doesn’t excuse theft when the
servant’s actions betray that trust with
intent to permanently or temporarily
deprive the owner.
20. State of Kerala v. A. Pareed Pillai
(1972)
• Facts: The accused was found taking
timber from forest land without
authorization. He claimed he believed
the timber was abandoned or belonged
to him through some right, whereas the
State treated it as forest produce
(government property).
• Legal Issue: Whether claim of right in
natural resources (like forest produce)
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can negate theft, and the nature of

consent when property is not actively
overseen (e.g., wild timber).
• Decision: Conviction set aside (no
theft). The Supreme Court held that if
the accused honestly believed he had
a right or that the material was not in
anyone’s possession, mens rea for theft
is absent. In forests, unless timber is in
someone’s possession (like marked or
part of a depot), taking it might be
illegal under forest laws but not theft
per se if the taker thought it free for
taking. Pareed Pillai was acquitted
because the prosecution failed to prove
dishonest intent; it might be a case of
unauthorized removal under a special
law rather than theft under IPC.
• Significance: Clarifies the concept of
possession for theft of natural
resources. It reiterates that something
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not in anybody’s possession (e.g., truly

wild goods) cannot be the subject of
theft. Also underscores bona fide claim
of right in property disputes. The case
is frequently cited in distinguishing
theft from offenses under special
statutes and showing the IPC’s theft
provision doesn’t apply to every
unauthorized taking (especially of
resources not “owned” in the usual
sense).
21. Avtar Singh v. State of Punjab (1965)
• Facts: Avtar Singh was prosecuted for
stealing electricity by tampering with
lines/meters. The question arose
whether electricity falls under
“movable property” for theft, as he was
charged under IPC 379 before the
advent of the Electricity Act’s specific
theft provisions.

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• Legal Issue: Is electricity “movable

property” that can be subject of theft
under IPC 378? If not, does tampering
with electrical lines for unauthorized
use constitute theft or only an offense
under electricity laws?
• Decision: No theft under IPC –
electricity not movable property. The
Supreme Court observed that
electricity, though it can be stored or
transmitted, is not tangible movable
property in the context of IPC theft.
Therefore, traditional theft (which
contemplates corporeal property) did
not cover electricity. Avtar Singh could
not be convicted of theft; such acts were
meant to be dealt with by specialized
law. (Note: This led to legislative
changes; electricity theft is now
specifically penalized under the
Electricity Act, 2003.)
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• Significance: A landmark ruling for

categorization of property: Electricity
theft is not IPC theft. This case
prompted clear legislative provisions
for power theft and is cited for the
principle that intangible or
incorporeal things (like energy) were
outside IPC 378’s ambit. It also
interestingly noted that while electricity
isn’t “movable property”, certain other
unusual things (like wild fish, human
corpse vs. mummy) have been debated,
showing how courts delineate what can
be stolen.
22. Jagjeet Singh v. State of Punjab (2021)
• Facts: An FIR was lodged for data
theft and hacking by an ex-employee
(Jagjeet) who allegedly stole a
company’s confidential data and used it
to start a competing business.
Proceedings were initiated under the IT
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Act, but the police also invoked IPC

sections (theft, criminal breach of
trust).
• Legal Issue: Do offenses under the
Information Technology (IT) Act
preclude IPC charges for the same
conduct? Specifically, is data theft
exclusively an IT Act offense, or can it
be prosecuted as theft or related crime
under IPC as well?
• Decision: IPC applies alongside IT
Act. The Supreme Court held that
digital data theft/hacking can attract
IPC provisions in addition to IT Act
offenses. The Court observed that the
IT Act was not meant to be a complete
substitute for IPC unless explicitly
stated. Therefore, Jagjeet could face
parallel charges – e.g., IPC 378 (if data
viewed as “movable property” in a
broad sense or IPC 408/409 for
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breach of trust) and IT Act

provisions. The petition to quash IPC
charges on the ground of “IT Act is
exclusive” was dismissed.
• Significance: A contemporary
precedent on cyber theft. It confirms
that cybercrimes may entail
traditional crimes too – the IT Act
does not immunize an accused from
IPC liability. In practice, this means
data thieves can be charged under IPC
sections (cheating, breach of trust,
trespass) in addition to Section 66 etc.
of IT Act. It underscores the judiciary’s
intent to comprehensively tackle new-
age theft (data as property) and
prevent legal loopholes.

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23. Bhulai v. State of Uttar Pradesh (1969)

• Facts: Bhulai was accused of theft of
cattle, a common property offense in
rural India. The case against him relied
on witness testimony of last seen and
eventual recovery of the cow from a
market where he sold it.
• Legal Issue: Establishing theft of
animals – what constitutes sufficient
proof of identity of the stolen animal
and the accused’s connection to the
taking.
• Decision: Conviction upheld. The
Supreme Court found that the specific
cow/buffalo was satisfactorily
identified by the owner (unique marks,
etc.) and that Bhulai’s possession and
sale of it soon after it went missing
pointed to theft. It rejected Bhulai’s
defense that he was an innocent
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purchaser by noting contradictions and

the timing. The Court stressed that in
cattle theft cases, positive
identification of the animal and a
proximate recovery/sale by the
accused are strong evidence.
• Significance: This case is significant
for affirming traditional evidence
evaluation in theft of livestock – the
need for clear identification of
property (since animals can look alike)
and proof of recent possession/sale by
the accused. It often serves as a
reference in cattle theft jurisprudence
which is vital in agrarian contexts. It
also highlighted that lack of
documents (like transport permits)
or prompt explanation from the
accused can corroborate guilt in such
theft cases.

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24. Nagina Singh v. State of Bihar (1977)

• Facts: Nagina Singh, a truck driver,
was convicted of theft of the truck he
was employed to drive. He
disappeared with the truck and goods,
later abandoning the vehicle minus the
cargo. He was caught, and he argued it
wasn’t “theft” since the truck was
initially in his lawful possession.
• Legal Issue: Can temporary
misappropriation by a person in
initial lawful possession (like a
driver) be theft? Where is the line
between criminal breach of trust and
theft for someone like a driver who
decides to detour and convert goods?
• Decision: Conviction (or appropriate
charge) affirmed with clarification.
The Supreme Court drew a line: if the
driver had dominion (lawful custody)
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over the truck, taking it with intent to

deprive could be criminal breach of
trust (IPC 406/408) rather than theft.
However, the cargo which he was not
allowed to misappropriate was
definitely stolen when he sold or
disposed of it. The Court likely
convicted him for theft of cargo and
perhaps breach of trust for the truck. It
emphasized that since the driver’s
authority was to transport, any
unauthorized diversion for gain was
a dishonest act fitting theft or breach of
trust.
• Significance: This case clarifies
classification of offenses: an
employee/agent taking property
entrusted to him can amount to theft if
the property wasn’t entrusted for
that purpose (like goods to deliver, not
to take), or breach of trust if he had
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full control and then misused it. It

stands for the idea that even those
initially in lawful possession can
commit theft by converting use –
reinforcing accountability of
transporters for goods in their charge.
25. Atul Chandra Roy v. State of Orissa
(1954)
• Facts: A person picked up an item (a
packet) lying on a road, which in fact
had fallen from someone’s bag. He was
accused of theft of that item.
• Legal Issue: Theft of lost property –
under what circumstances does picking
up lost or abandoned property amount
to theft under IPC Explanation 2 of
Section 378 (which deals with finding
lost items).

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• Decision: Conviction (or acquittal)

depending on knowledge of owner.
The Supreme Court applied
Explanation 2: If the finder knows or
has means of discovering the owner
and still takes it with intent to keep it, it
is theft. In this case, if Atul Chandra
knew who the packet likely belonged to
(or it had identification) but didn’t
attempt to return it, that’s dishonest.
Assuming evidence showed he
clandestinely kept it despite knowing
the likely owner, the conviction was
upheld. If he genuinely thought it
ownerless, it wouldn’t be theft. The
Court likely found that the item was not
truly abandoned and the accused acted
with an intention to pocket someone
else’s property.
• Significance: A textbook illustration of
how finding is not keeping if
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dishonest intent is present. This case

is used to teach that picking up lost
articles can be theft if you dishonestly
appropriate something you know
belongs to someone else (e.g., taking a
wallet with ID inside). It underscores
societal expectations of finders to
attempt return, failing which the law
may infer theft.
26. Chettiyar v. State of Tamil Nadu (1985)
• Facts: The accused, a jeweler, was
entrusted with gold ornaments to
make new jewelry, but he sold them
and kept the money, claiming later
that the ornaments were stolen by
someone else. He was charged with
theft or criminal breach of trust.
• Legal Issue: Distinguishing theft from
criminal misappropriation/breach of
trust in cases of entrusted property.
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• Decision: Convicted for criminal

breach of trust, not theft. The
Supreme Court held that since the gold
was handed to him willingly for a
specific purpose, it wasn’t “taken
without consent” at inception, so initial
taking was not theft. His later decision
to sell them was a breach of trust
(IPC 406) – wrongful conversion of
property entrusted to him. The Court
convicted him under breach of trust,
which carries similar punishment,
because the facts showed a violation of
fiduciary arrangement rather than a
trespassory taking.
• Significance: Reinforces that when
property is obtained with consent but
misused, the crime is breach of trust
or misappropriation, not theft. It’s
crucial for cases involving jewelers,
mechanics, bankers, etc., clarifying
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legal treatment: Theft requires an

initial wrongful taking; subsequent
dishonesty with entrusted property is
a different offense. This helps ensure
the right charges are applied to fit the
nature of the wrongdoing.
27. Madhav v. State of Madhya Pradesh
(2020)
• Facts: The appellant was convicted of
stealing timber logs from a
government depot by replacing high-
quality logs with inferior ones (a form
of substitution theft).
• Legal Issue: Whether switching
property (taking something and
leaving something else) amounts to
theft, and the proof standard in the
absence of direct eyewitnesses.

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• Decision: Conviction upheld. The

Supreme Court held that removing
valuable logs and leaving
fake/inferior ones is theft – the
consent was only to hold inferior logs,
which was obtained by fraud. Through
forensic and circumstantial evidence
(like tool marks, matching of remaining
logs, etc.), it was proven that Madhav
orchestrated the swap. The Court noted
that even though no one saw him
physically move the logs at night, the
chain of evidence was complete – the
valuable logs traced to him, the deceit
uncovered. Thus, his actions clearly
showed dishonest moving of property
without consent, fulfilling
Section 378.
• Significance: Highlights that theft can
occur by trick or substitution, not just
outright taking. It emphasizes courts’
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willingness to rely on strong

circumstantial evidence in theft cases
(especially where direct evidence is
scarce) as long as the inference of guilt
is the only reasonable hypothesis.
This case is significant in forestry and
warehouse theft contexts and
demonstrates modern forensic use in
proving property crimes.
28. P.C. Raja v. State of Andhra Pradesh
(1969)
• Facts: A bank employee was
prosecuted for siphoning off old
currency notes due for destruction,
effectively stealing money that was to
be removed from circulation.
• Legal Issue: Whether taking money
meant to be discarded/burnt
constitutes theft (since arguably the
bank/RBI still “owned” it until
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destruction) and issues of mens rea

when property is earmarked for
destruction (does the taker think it’s
free to take?).
• Decision: Conviction upheld. The
Supreme Court reasoned that until
actually destroyed, the notes remained
property of the bank/government.
The accused knew these notes, though
cancelled, were not his to take – they
were in the bank’s possession, destined
for a specific process. By diverting
them, he caused wrongful loss (the
value that should’ve been accounted
and destroyed) and gained
wrongfully. It squarely fell under theft.
The Court rejected any argument of
lack of mens rea, finding the scheme to
substitute envelopes of ash or misreport
the destruction showed clear dishonest
intent.
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• Significance: This case is a classic

example used in law courses to
illustrate that even items set for
destruction can be stolen if they have
value or the owner hasn’t abandoned
them. It teaches that an act can be theft
even if the owner intended to discard
the property later – what matters is
that at the time of taking, it wasn’t free
for the taking and the act was dishonest.
It also underscores integrity
expectations for custodians of property
slated for disposal.
29. B.A. Khan v. State of Orissa (1995)
• Facts: A government official misused
his position to secretly remove an
antique bronze idol from a temple (a
protected monument) and attempted
to sell it abroad. He was caught and
charged with theft of a valuable artifact.

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• Legal Issue: Theft of

national/artistic/antique property
and the severity of intent – does
intending to sell national heritage
increase the gravity (though that goes to
sentencing rather than the fact of theft,
which is straightforward)?
• Decision: Conviction with stern
remarks. The Supreme Court easily
found the physical elements of theft
satisfied – taking an idol from the
temple without consent was theft. It
also commented on the aggravated
nature: stealing not for need but for
greed, and of an object of cultural
importance. While IPC 379 provides up
to 3 years, the Court signaled that near-
maximum punishment was warranted.
The official’s defense that the idol was
“just lying there” was rejected; temple
idols, even if not under lock, are
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deemed in constructive possession of

the deity/pujari/community, so
removing them is theft.
• Significance: Important for affirming
that cultural or religious assets are
protected by theft laws and officials
have no special immunity. It also
demonstrates how courts view motive
and object in theft: while those don’t
change the conviction, they influence
how the court perceives the crime’s
gravity. This case has been a deterrent
example for those entrusted with
heritage objects.
30. Somnath v. State of Rajasthan (1971)
• Facts: The accused was a linesman
who removed parts of a railway track
(fishplates) to sell as scrap, causing a
safety hazard. He was caught with the
dismantled pieces.
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• Legal Issue: Theft endangering

public safety – while the charge is
theft, does the context (railway property
removal) affect how the case is treated?
• Decision: Conviction upheld (with
added gravity noted). The Supreme
Court found all theft elements: the
railway track parts were property of
Indian Railways, clearly taken without
consent and with intent to sell
(wrongful gain). It emphasized the
wider consequence: this wasn’t just
property theft but a reckless act
endangering lives. While legally it
remained theft, the Court likely gave a
strict sentence at the higher end of the
spectrum, reflecting the potential
disaster he could have caused.
Somnath’s defense that “old unused
parts” were taken did not hold, as the

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prosecution proved they were active or

necessary parts.
• Significance: This case is cited to show
that theft can merge with other
concerns – here it overlaps with
sabotage. It underscores that an act can
violate multiple laws (Railways Act,
etc.) concurrently with IPC theft, and
prosecutors can choose charges
appropriately. For jurisprudence, it
reinforces that theft of infrastructure
is treated seriously, as intent to cause
specific harm isn’t needed; the act of
stealing such property itself is sufficient
for criminal liability, potentially
coupled with other charges if harm
occurs.

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31. Khadak Singh v. State of Haryana

(1988)
• Facts: A farm owner set a trap for
produce thieves by rigging an
automated gun that would fire at
intruders. A thief was shot. The thief
survived and was prosecuted for theft;
the owner faced separate charges for
causing harm.
• Legal Issue: Self-help measures vs.
theft – though the thief clearly
committed theft (entering at night to
steal crops), the scenario raised
questions about lawful defense of
property (irrelevant to the thief’s guilt
but notable in the story).
• Decision: Thief’s conviction upheld.
The Supreme Court had little trouble
affirming the theft conviction of
Khadak Singh (the intruder) because he
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trespassed and attempted to take crops

without consent. The booby-trap aspect
did not legally excuse the theft; at most,
it drew sympathy or understanding for
why he was caught. The injured thief’s
argument that the owner’s action was
unlawful did not provide him any
defense to theft. (The owner’s case was
separate and not a justification for
theft).
• Significance: This odd case
underscores that vigilantism or
extreme protective measures by
owners do not negate the crime of
theft. A thief cannot claim victimhood
from an owner’s overreaction as a
defense to the theft itself (though it
might mitigate sentencing if the thief
suffered greatly). It’s also sometimes
referenced in discussions about the
limits of private defense: property
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crimes usually don’t justify lethal force

by owners, but that’s a separate matter.
For theft law, it’s straightforward – if
you take property dishonestly, you
commit theft, regardless of the
property owner’s preventive tactics.
32. R.K. Dalmia v. Delhi Administration
(1962)
• Facts: R.K. Dalmia, a businessman,
was involved in a complex scheme
diverting funds from an insurance
company for personal use. While
primarily charged with criminal breach
of trust and conspiracy, there were
elements of misappropriation of
specific assets (like securities) which
amounted to theft when taken out of the
company’s possession dishonestly.
• Legal Issue: Overlap of white-collar
crimes and theft – can acts of high-
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level fraud include theft charges for

specific property taken? And the
standard of proving dishonest intention
in financial dealings.
• Decision: Conviction on multiple
counts (including breach of trust;
specific thefts merged). The Supreme
Court’s lengthy judgment mostly dealt
with breach of trust, but it noted that
some acts (like physically taking bearer
bonds owned by the company and
converting them) do constitute theft.
However, since Dalmia was in a
position of trust, those were largely
considered under breach of trust
provisions. The Court nonetheless
highlighted that if not for the
entrustment, those takings were theft
– it’s just that breach of trust was more
apt for an authorized person abusing
authority.
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• Significance: Dalmia’s case is famous

in corporate fraud jurisprudence,
showing theft isn’t limited to petty or
common crimes but can figure in
complex financial scams. It signals
that theft can be an additional charge
in fraud cases when the facts show an
outright taking of property. The case is
often cited in explaining that
“dishonestly” in IPC is a uniform
concept – whether one siphons ₹100 or
₹1 crore, if it’s done with wrongful
gain/loss intent, the law’s net can cover
it (through theft, breach of trust,
cheating, etc., as context dictates).
33. Sachin Jana v. State of West Bengal
(2017)
• Facts: Sachin Jana was accused of
committing theft of electricity meters
and cables from a residential locality,

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causing blackouts. He was caught with

tools and some of the stolen materials.
• Legal Issue: Theft involving public
utilities (meters/cables) and
circumstantial evidence – requiring
proof that the accused actually removed
the items.
• Decision: Conviction upheld. The
Supreme Court found the
circumstantial evidence cogent: Jana
was seen lurking at odd hours, had no
explanation for being at the site, had
tools matching the dismantled
equipment, and some cables in his sack.
The Court noted that although no one
saw him yank the meter off, the chain
of circumstances pointed only to him.
It dismissed his defense of being a
scavenger picking scrap, given the
timing and manner of theft (live power
lines were cut skillfully). Thus, it
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concluded he intentionally caused

wrongful loss (residents losing power
and equipment) for wrongful gain
(resale of copper), meeting theft’s
definition.
• Significance: Reflects modern
challenges of infrastructure theft. It
shows the Court’s readiness to rely on
strong circumstantial evidence to
curb such crimes. Also, by upholding
the conviction, it sets a deterrent tone
for theft of public utility equipment,
emphasizing the community impact. It
complements earlier cases (like
Somnath’s railway parts theft) in
demonstrating that theft isn’t just a
private wrong but can disrupt public
services, which courts view gravely.
By Dr Neel Mani Tripathi

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