Probation of Offenders Act, 1958, Section 3, 4, Indian Penal Code, 1860, Section 379, 353, 186 -- Benefit of probation - Theft of electricity - Petitioner has already served a sentence of 1 month and 17 days against awarded sentence of 2 years - He has never faced any other prosecution either before present FIR or thereafter - Petitioner has no criminal history and even..........
Indian Penal Code, 1860, Section 379 -- Theft - Ingredients essential to constitute an offence of theft are : (i) dishonest intention; (ii) absence of consent; (iii) movable property; and (iv) possession of someone other...........
Indian Penal Code, 1860, Section 379 -- Theft - Neither complainant was having exclusive possession and ownership over property nor there appears any dishonest intention of accused in removing the crop from field - Unless there is prima facie material to show that property belongs to complainant which was removed by accused with a dishonest intention, no offence u/s 379..........
Indian Penal Code, 1860, Section 379, 380, 34 -- Theft - Dispute between two brothers regarding theft of a Will left by their father - Civil suit filed by accused stands dismissed and appeal against the same also dismissed - It can thus, safely be said that criminal proceedings are nothing but an abuse of process of law - Moreover, ingredients of Ss.379, 34 IPC were..........
Indian Penal Code, 1860, Section 379 -- Theft - Illegal extraction of granite, without requisite permit or in violation of permit conditions amounts to theft...........
Indian Penal Code, 1860, Section 307, 379, 148, 149 -- Attempt to murder - Theft - Prosecution has deviated from original facts as there is no explanation regarding injury suffered by one of accused which finds place in evidence of PW19 - None of villagers supported version of PW1 and PW2 - PW1 and PW2 also involved in fight or scuffle with accused - Other witnesses who..........
Indian Penal Code, 1860, Section 379 -- Theft - When dishonest intention is not alleged and proved, there is no theft...........
Indian Penal Code, 1860, Section 379 -- Theft - Removal of sand - Prosecution had not marked arrest memo which is indispensable to prove arrest of accused from scene of occurrence - Nothing on record to indicate that accused actually removed sand with a dishonest intention to commit theft - One lorry and one shovel was recovered as per seizure mahazar - However, no enquiry..........
Criminal Procedure Code, 1973, Section 451, 457, Indian Penal Code, 1860, Section 379 -- Release of seized vehicle - Vehicle involved in illegal transportation of sand - Theft - Concerned authority/revenue officials have not filed any private complaint and also have not filed any application before designated Court seeking to confiscate said vehicle and other materials,..........
Indian Penal Code, 1860, Section 379 -- Theft of sand - Sand was excavated and was thereupon no longer an immovable property, as sand on being excavated would lose its attachment to earth ergo, it is a movable property or goods capable of being stolen - Contention that alleged theft of sand is not punishable u/s 379 r/w S.378 IPC, as sand is an immovable property as per..........
