Amendment status not verified — confirm the current text below against the official source.
Joint possession-Proof of Mens rea. - The possession or control might well be possession or control of two or more persons. Every case depends upon its particular facts. The courts must consider each case and come to a conclusion whether it is proved that the incriminating article is in the possession or under the control of more than one person. If on the evidence the Court, cannot hold possession or control by any person or persons, then the case is not established. Where therefore, the evidence was conclusive on the point that two persons know where certain sten-gun was and they could have restored to the place without let or hindrance and taken out the gun whenever they wanted to use it and the condition under which it was recovered further showed that it was kept and secreted with care and mens rea was also there. Held, that a case under Section 19( t) of Arms Act was made out against both the persons and that they were rightly convicted. Where a house or place is jointly occupied by several persons or several persons have access to it and there is nothing on record beyond the fact that articles have been found from such house or such place, none of such persons can be convicted. Even knowledge of the fact that the article is lying in the house is not sufficient to sustain a conviction unless the 'animus' or the will to possess or control is established against the persons sought to be made liable.