Mumbai: A magistrate’s court has convicted a 27-year-old man and sentenced him to three years’ rigorous imprisonment for breaking into an Andheri home and stealing jewellery worth ₹4.80 lakh in 2024. The accused, Fardeen Firdos Khan, was found guilty under Section 331(4) of the newly introduced Bharatiya Nyaya Sanhita (BNS), which prescribes a maximum sentence of 14 years for such offences. The magistrate, however, observed that the enhanced punishment under the new law was “too harsh” for the circumstances of the case.
Fardeen’s co-accused, Juber Karim Mulla Khan (48), was acquitted due to insufficient evidence.
The burglary took place between the night of November 20 and the early hours of November 21, 2024, at the Farukh Peter Chawl residence of complainant Sadaf Inamdar, who returned from work at Sahar Airport to find the door lock broken and jewellery missing, including a 40-gram gold mangalsutra and 5-gram gold earrings. An FIR was registered at DN Nagar police station the same day.
Both accused were arrested on November 22, 2024, and the chargesheet was filed on January 30, 2025. While Fardeen remained in custody throughout, Juber was granted bail on March 27, 2025.
The court noted that Sadaf’s testimony and the spot panchnama conclusively established the housebreaking and theft. The defence chose not to cross-examine her, leaving these facts uncontested. Crucially, police recovered the stolen mangalsutra based on Fardeen’s disclosure during custody.
Investigating Officer API Sunit Ghadge and a panch witness testified that on November 24, 2024, Fardeen admitted to the theft and led them to his locked Powai residence, retrieved a hidden key from beneath a brick, and produced a bag containing the stolen mangalsutra concealed between an iron angle and a tin sheet. The magistrate said the recovery was “convincingly established.”
The court held that possession of recently stolen property, without a satisfactory explanation, creates a presumption of guilt—either as the thief or as a receiver of stolen goods—thereby affirming Fardeen’s conviction.
