sale of stolen vehicle

Querist : Anonymous (Querist) 17 April 2010 This query is : Resolved
Dear Sirs,

in an incident of 'vehicle-lifting', while the vehicle was being stolen, the accused was caught alongwith the vehicle. But after a few months, even when the criminal case was continuing against the accused, the owner of the vehicle sold it. Will this affect the case? If yes, then in what way? Please be kind enough to tell. Thanks.

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n.k.sarin (Expert) 17 April 2010
I think the said vehicle is not a suit property hence it will not effect the case.

Parveen Kr. Aggarwal (Expert) 17 April 2010
If an offence of theft is being committed with respect to a vehicle, the vehicle becomes case property upon registration of case. The vehicle must have been released in favour of the owner by the court on superdari for which the court must have imposed certain conditions. Such conditions must include a condition that the owner shall not sell or dispose of the vehicle till the final disposal of the case. The Court hold the owner liable for violation of its orders. The accused in the case shall have better chances of acquittal for non-production of case property during trial.

AEJAZ AHMED (Expert) 18 April 2010
Agree with Mr. Praveen Kumar

Arvind Singh Chauhan (Expert) 20 April 2010
Yes it will affect the trial as the case property can not be produced now in court which would be beneficial to accused.

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