In a judgment pronounced on October 9, 2024, the Delhi High Court allowed an appeal filed by Santosh Kumari against Rohit Gulati, in a civil suit concerning the recovery of ₹15 lakh over a stolen jewelry dispute. The case, RFA 320/2022, was brought to the High Court after a lower court expelled Santosh Kumari's introductory claim, addressing the credibility of her affirmations.
The debate emerged from an occurrence on January 3, 2018, when the appealing party claimed that adornments had been stolen from her home. Santosh Kumari and her family found the burglary upon returning domestic and suspected Rohit Gulati, her relative, who dwelled on the ground floor of the same property.
The appellant alleged that Rohit confessed to stealing the jewelry, having taken duplicate keys from his wife, and mortgaged the stolen items to Muthoot Finance.
Confession and Cheque Payments
Evidence was produced by Santosh Kumari, including a handwritten confession that Rohit Gulati signed on January 4, 2018, admitting to the crime and pledging to return the jewels within a month. In exchange for the jewelry's value, he sent out four checks. But the cheques, which were for ₹15 lakh, were returned, so the appellant filed a lawsuit to get her money back.
Notwithstanding the appellant's admission that she had not given the keys to her almirah, the trial court dismissed the case, citing the unlikely circumstances of the theft under the given conditions. The trial court also raised doubts over the confession.
High Court’s Ruling
The Delhi High Court, presided over by Justice Girish Kathpalia, overturned the trial court’s decision. The High Court found that the trial court failed to consider crucial evidence, including the confession and video evidence that recorded the confession process.
Justice Kathpalia observed: "The trial court clearly failed to appreciate the evidence on record, particularly the respondent’s handwritten admission and the lack of credible denial from the respondent." The Court ruled in favor of Santosh Kumari, awarding her the ₹15 lakh in damages, along with 8% annual interest on the amount. The Court also noted that the respondent, Rohit Gulati, had been declared a proclaimed offender in a separate criminal case linked to the same incident, further weakening his defense.
Conclusion
This case highlights the importance of evaluating evidence thoroughly in civil disputes, particularly when dealing with family-related property conflicts. The Delhi High Court’s decision serves as a reminder that written confessions and financial liabilities must be taken seriously, and dismissal of claims based on perceived improbabilities can be overturned when the evidence supports the claim.
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