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    Question

    As per the Indian Evidence Act the Court may presume

    that a man who is in possession of stolen goods soon after the theft_________________
    A Is the thief Correct Answer Incorrect Answer
    B Is either the thief or has received the goods knowing them to be stolen Correct Answer Incorrect Answer
    C Is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession Correct Answer Incorrect Answer
    D Is either the thief or has received the goods knowing them to be stolen, even if he can account for his possession Correct Answer Incorrect Answer
    E Both c & d Correct Answer Incorrect Answer

    Solution

    Section 114.   Court may presume existence of certain facts: The Court may presume -- (a) that a man who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession; (b) that an accomplice is unworthy of credit, unless he is corroborated in material particulars; (c) that a bill of exchange, accepted or endorsed, was accepted or endorsed for good consideration; (d) that a thing or state of things which has been shown to be in existence within a period shorter than that within which such things or states of things usually cease to exist, is still in existence; (e) that judicial and official acts have been regularly performed; (f) that the common course of business has been followed in particular cases; (g) that evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it; (h) that if a man refuses to answer a question which he is not compelled to answer by law, the answer, if given, would be unfavourable to him; (i) that when a document creating an obligation is in the hands of the obligor, the obligation has been discharged.

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