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DINESH KUMAR SHARMA
Bhogekar Shankul – Appellant
Versus
State of Govt. of NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--Present revision petition has been filed assailing the order dated 17.10.2022 passed by the Ld. Spl. Judge (NDPS)-2, Central District, THC Courts, Delhi, whereby the Ld. Judge has ordered for framing of charge under section 395, IPC qua the petitioners in SC No. 38/2022.
2. Learned APP has submitted that initially eight persons were arrested in this case and the chargesheet was filed against eight persons. However, out of the eight, four were discharged by the learned trial court vide order dated 17.10.2022. Learned APP has fairly submitted that since there were only four persons remaining, the matter is required to be remanded back to the Trial Court for reconsideration on the question of framing of charge under section 395 IPC. Learned APP has further informed that subsequently supplementary chargesheet was filed against two persons, out of whom, one was released by the learned trial court and for the remaining one, the question of charge/discharge is yet to be considered and decided by the learned trial court.
3. Learned counsel for the petitioner has insisted that a finding may be given by this court that Section 395, IPC is not made ou
The central legal point established in the judgment is the requirement of five or more persons for constituting the offence under dacoity, as provided under section 391, IPC, and its influence on the....
Concurrent findings of conviction under dacoity are upheld as supported by substantial evidence.
The central legal point established in the judgment is that for conviction under Section 395 IPC, the involvement of five or more persons is necessary, as per the definition of dacoity in Section 391....
A conviction under Section 395 of the IPC requires proof of the participation of five or more persons in the commission of dacoity; without such evidence, the conviction cannot stand.
Conviction for dacoity under Section 395 IPC cannot stand if fewer than five persons are charged, highlighting the importance of substantive evidence and adherence to legal definitions.
1. The term ‘offender’ under Section 397 IPC is confined to the ‘offender’ who uses any deadly weapon and use of deadly weapon by one offender at the time of committing robbery cannot attract Section....
Insufficient evidence and procedural lapses can lead to the overturning of convictions for serious offenses, highlighting the necessity for rigorous proof in criminal trials.
The court upheld the validity of proceedings against five accused in a dacoity case, dismissing claims of insufficient evidence against four individuals.
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