The Kerala High Court has ruled that the recovery of a stolen item from an accused, based solely on their statement without independent corroboration, is insufficient to prove theft under Section 379 of the IPC.
The court emphasised that such recovery, under Section 27 of the Evidence Act, must be supported by additional evidence to establish guilt beyond a reasonable doubt.
The court acquitted an accused due to a lack of corroborative proof, reinforcing the necessity of robust evidence in theft cases. Thus, the Court allowed the revision petition.
[Abdul Jabbar v. State of Kerala]
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