Indian Penal Code, 1860, Section 395, 376, 323, 450, 149, 147 -- Dacoity - Rape of three women belonging to same house - Reduction of sentence - Held, keeping in view the gravity and nature of allegations leveled against accused in as much as they are alleged to have committed dacoity in the residential premises of complainant during night time and in this process also..........
Indian Penal Code, 1860, Section 395 -- Dacoity - Reduction of sentence - Value of alleged loot including cash and mobile was only Rs.16,550 - However, nothing was recovered from accused - Accused remained in jail for three years and two months on account of continuous incarceration since his surrender - Amount of fine also paid - Sentence of accused reduced to period..........
Criminal Procedure Code, 1973, Section 451, 457, Indian Penal Code, 1860, Section 395, 397 -- Release of seized property - Robbery - Admittedly stolen property was recovered from accused and are in custody of complainant - However, stolen property in the form of jewels were pledged with petitioner/Finance company - Petitioner is legitimately entitled to stake its rightful..........
Indian Penal Code, 1860, Section 395, 120B -- Hire Purchase agreement - Failure to pay loan instalments - Possession of vehicle by financier - Being owner of vehicle, financier cannot be termed as a thief while exercising option to repossess the vehicle and element of dishonest intention is totally lacking - It is in exercise of right conferred on him by the terms of hire..........
Indian Penal Code, 1860, Section 395, 412, 147 -- Dacoity - Neither accused `B' nor accused `S' was put to TIP by investigating officer and no plausible reason was given by prosecution to the same - PWs deposed nothing against these accused persons - Making a plan to commit dacoity overheard by PW3 from a distance of 3-4 meters, can hardly be said to be a clinching..........
Indian Penal Code, 1860, Section 395, 342, 450 -- Reduction of sentence - Accused an Assistant Sub-Inspector of Police committed robbery and took away Indian and Foreign Currency valuing Rs.20 lakhs - Accused convicted - It is obligatory on the part of Court to keep in mind the impact of the offence on the society, and its ramifications including the repercussion on the..........
Indian Penal Code, 1860, Section 397, 392, 395 -- Charge simpliciter u/s 397 IPC is defective - It is to be framed alongwith S.392 or S.395 as the case may be - S.397 IPC being not a substantive offence, but only a rider to S.392, IPC a single charge need be formed for an offence u/s 392 read with S.397 IPC...........
Indian Penal Code, 1860, Section 450, 395, 367, 323, 34, Criminal Procedure Code, 1973, Section 482, 320 -- Compounding of offence - Disputes between parties settled and joint statements filed - Certain other disputes over property also settled - Request by parties for compounding offences so as to save institution of marriage - Held, offences alleged against appellants..........
Indian Penal Code, 1860, Section 392, 395, Criminal Procedure Code, 1973, Section 439 -- Robbery - Dacoity - Bail - Petitioner was earlier released on bail for offence u/s 392 IPC - Offence u/s 395 IPC was added later, in view of supplementary statement of complainant - Challan already presented in Court - Bail granted with conditions...........
Indian Penal Code, 1860, Section 395, 397 -- Dacoity - Revision against order for framing of charge - FIR did not mention that any theft was committed by any of the applicant - Trial Court erred in framing the charge and it was liable to be set aside...........
