appellant/ Asha was apprehended after the complainant's stolen mobile number was traced to her. PW10 WHC Kamlesh , who was present with SI Nand Lal at the time, corroborated this testimony, confirming that appellant/ Asha was found in possession of the stolen mobile phone. Neither appellant/ Asha nor her husband, Ashok Kumar (accused no. 3 before the Trial Court), disputed the possession of the mobile phone but claimed that it had been left behind by a passenger in Ashok Kumar ’s autorickshaw, and was innocuously handed over to appellant/ Asha by him. Further, during the investigation, Ashok Kumar led the police to his residence, where a gold kara belonging to the complainant, along with some loose strips of Ativan 2mg, was recovered. These items were seized and identified by the complainant during the judicial TIP. The testimony of PW5 ASI Rajesh Kumar , regarding the recovery of the stolen kara from Ashok Kumar , remained uncontroverted. The Trial Court noted that, even if the mobile phone had been left in Ashok Kumar ’s TSR, appellant/ Asha or her husband had a duty to inform the police immediately, which they failed to do.
