Person putting blame of theft, no evidence available with him

818 votes

Sir,
According to the law these are the pre-requisites necessary for commission of offense of theft:-

1. Intention To take dishonestly
2. Article stolen must be a movable article
3. It must be in the possession or authority of the victim
4.Article stolen must be moved from its original position

All these 4 criteria must be fulfilled to establish the case of theft.

Now the documents whixh the other person will require can be anything so as to satisfy the above stated criterias like video recording of the shop, any eye witness, any article which belongs to him but recovered from your possession etc.

Type of documents differ from case to case.

But in case of absence of any direct evidence, he will need to prove his case on the basis of circumstancial evidences. Such type of evidences are not related to any documents or videos etc which may be on direct relation to your case. But these are the circumstances relating to your case so twisted or presented before the judge so as to make out the entire case. But circumstancial evidences are hard to prove.

Rest you may take
various steps in advance in accordance to law to safeguard yourself depending upon the facts of your case.

Regards
Advocate Mayank Goel

Advocate Mayank Goel LawRato

981 votes

As you were the last person who was there on that place,so as per last seen evidence you are the one who is connected with the crime.
So far as requirment of evidence is concerned then recovery of mobile phone is very important in this case.

Advocate Gulshan Gupta LawRato

755 votes

Is a FIR registered against you for theft of mobile phone. And if a FIR is not registered, you don't have to worry until it is not registered. But if FIR for theft is registered against you, then the court will follow its procedures to find out the true fact and also I will be in better position to suggest you about the circumstances for conviction once i go through the FIR

Advocate Naman Gupta LawRato