They also stated to have removed Valiya, a gold chain and three rings which the complainant was wearing. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who is there present. Basis Theft Extortion Robbery Dacoity Consent The moveable property is taken away without the consent of the owner. Similarly, if dacoity is committed in the form of theft, then there is no delivery of property by the victim. When Extortion is Robbery Extortion becomes robbery when the offender at the time of committing the offence of extortion is in the presence of the person put in fear and commits extortion by putting that person in fear of instant death, instant wrongful restraint or instant hurt to that person or some other person and by doing so induces the person, so put in fear to then and there deliver the thing that has been extorted. Salvinder stated to have fell down on the bed. Whoever, at any time after the passing of this Act, shall belong to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being a gang of thugs or dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
A has therefore committed robbery. Z in consequence, surrenders his purse. Classification of offences under Section 379, 380, 381, 382, 384, 385, 386, 387, 388, 389, 392, 393, 394, 395, 396, 397, 398, 399, 400, 401 and 402 of Indian Penal Code 1860 Offences against property and punishment for the crime are defined under Section 379, 380, 381, 382, 384, 385, 386, 387, 388, 389, 392, 393, 394, 395, 396, 397, 398, 399, 400, 401 and 402 of Indian Penal Code 1860. Dacoity is perhaps the only offence which the legislature has made punishable at four stages that is when 5 or more persons assemble for the purpose of committing a dacoity, each of them is punishable under section 402 merely on the grounds of joining the assembly. When their individual action can be properly referred to their concerted action only then the offence under Section 391 is committed. If the robbery is committed on the highway between sunset and sunrise, then the period of imprisonment may be extended up to 14 years. .
If hurt is caused in committing robbery, section 394 is attracted; if death or grievous hurt is attempted in committing robbery, section 397 is attracted, and if the offender is armed with a deadly weapon in committing robbery, section 398 is attracted. Further it was pointed out that their refusal to participate would result in drawing an adverse inference against them. Since the other accused was absconding and continue to abscond even as on date the trial Court proceeded with the trial. The three accused thereafter stated to have left the place with the robbed items and cash by locking the door outside the house. Further, under Section 393 the punishment for an attempt to commit robbery is enshrined.
The other one was described as fair coloured, without moustaches and tall. A has therefore committed robbery. Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and , if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years. If at the time of attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the imprisonment with which such offender shall be punished shall not be less than seven years. The section also says that if it is a highway robbery committed between sunset and sunrise, the imprisonment may be extended to fourteen years. As against the above submission Mr. The request of the Investigating Officer to hold Test Identification Parade was stated to be on the very next date, namely, 5th November, 1998.
It was found that the alleged money collected by the complainant was not proved. Punishment for Robbery The punishment for robbery is given under Section 392 of the Indian Penal Code, 1860. பிரிவுகள் 449, 302 மற்றும் 392-ன்படி தண்டிக்கத்தக்க குற்றத்திற்கு இறுதி அறிக்கையை பி-9 சரவணம்பட்டி காவல் நிலையம் ஆய்வாளர் குற்றம் தாக்கல் செய்திருக்கிறார். Provisions under these sections are: Section 390 of Indian Penal Code. It may be either of movable or immovable property.
Z, in consequence, delivers his purse. For application of Section 391 it is necessary that all the persons should share the common intention of committing robbery. Such conclusions of the trial Court are found in paragraphs 18 to 27. Subject Matter It is of moveable property. For example: If the accused cuts the string that ties the necklace owing to which the necklace falls, it would be held that he has caused sufficient movement of the property as required for it to amount to theft. Section 402 in The Indian Penal Code — Assembling for purpose of committing dacoity.
The learned counsel, therefore, submitted that the conviction and sentence imposed on the appellant does not call for interference. Rawat stated that one country made pistol, two live cartridges, one rado watch and golden watch were recovered from accused Akil Javed. Punishment for Extortion Punishment for extortion, which is similar to that of theft, has been given under Section 384 of The Indian Penal Code, 1860. It was held that permanently taking away the property was not necessarily required, even temporary movement with a dishonest or malicious intention is enough and will amount to theft. The learned counsel also relied upon Suraj Mal V.
The High Court by its common judgment in Criminal Appeal No. Whoever, at any time after the passing of this Act, shall be one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine. Thereafter, they snatched a gold ring from the person of deceased Salvinder and also a locket and cash of Rs. Mukta Gupta, that after the apprehension of both the appellants, the raiding party got divided into two groups and the search of the two appellants was taken separately. Non bailable Imprisonment for 3 years with fine.
A and brought it back in two days later. In such circumstances, recoveries from the appellant along with the co-accused having been proved in the manner known to law, those were well established incriminating circumstances demonstrated before the Courts below and there was no contra evidence for the appellant and the co-accused to get rid off the offences alleged. The third person was described as a person with round face and well built. Whoever makes, any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. Rigorous imprisonment up to ten years and fine.
This is extortion, and punishable as such; but it is not robbery, unless Z is put in fear of the instant death of his child. Imprisonment up to 3 years or fine or both. After committing robbery, the appellant stated to have attempted to molest Shama Parveen and when Salvinder protested to such an attempt of the appellant questioning as to why even after removing the valuables they are indulging in such molestation, the appellant stated to have retarded towards him asking him to shut up and also simultaneously fired a shot on his forehead. Dacoity is defined under Section 391 of the Indian Penal Code, 1860. In such circumstances, there could not be any robbery. Punishment for Theft The punishment for theft is given under Section 379 of the Indian Penal Code, 1860.