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Showing contexts for: section 411 ipc..acquittal in State vs Anita on 13 August, 2024Matching Fragments
1. Accused persons namely Anita, Imla, Indu, Kavita, Laxmi and Kamla are facing trial under Sec. 379 IPC read with Sec. 34 IPC & Section 411 IPC. Additionally accused persons namely Anita, Imla, Indu & Kavita are also facing charges under Sec. 413 IPC read with Sec. 34 IPC. The story of prosecution is that on 11.07.2015, at about 12:30 PM at Chawri Bajar Metro Station, accused persons namely Anita Imla, Indu and Kavita, Kamla and Laxmi in furtherance of their common intention had committed theft of Rs. 1,30,000/- belonging to one complainant Ms. Kiran Chadha. Further, accused persons namely Anita, Imla, Indu & Kavita habitually received and dealt in property which they knew or have reasons to believe to be the stolen property. Further, accused namely Kavita got recovered Rs. 20,000/- from State Vs. Anita & Ors.
6. Vide order dated 05.04.2019, the Ld. Predecessor was pleased to frame charges under Sec. 379 IPC read with Sec. 34 IPC & Sec. 411 IPC against all the accused persons while additional charge under Sec. 413 IPC read with Sec. 34 IPC against accused persons namely Anita, Imla, Indu and Kavita.
7. To prove its case, prosecution has examined 06 witnesses. However, the prosecution has not examined complainant Smt. Kiran Chadha. Complainant Smt. Kiran Chadha has compounded the offences punishable under Section 379/411/34 IPC with accused persons and the proceedings under Section 379/411/34 IPC against accused persons were disposed off by the Ld. Predecessor vide order dated 12.11.2022. The effect of compounding after framing of charge amounts to acquittal. Thus, due to the compounding of offences under Sec. 379/411/34 IPC, all the six accused persons were acquitted for the offence punishable under Sec. 379/411/34 IPC. Since accused persons State Vs. Anita & Ors.
FIR No. 832/2015, PS Kashmere Gate (Metro) Page No. 11 of 17 should be convicted under Sec. 413/34 IPC.
17. Per contra, Ld. Counsel for accused persons argued that accused persons have been falsely implicated in the present case. She argued that since the accused persons have already compouded the offences punishable under Sec. 379/411/34 IPC with the complainant, the offence punishable under Sec. 411 IPC in the present case cannot be taken into consideration. She further argued that to prove its case against the accused persons under Sec. 413/34 IPC, the prosecution has to prove the conviction of accused persons under Sec. 411 IPC in two or more cases. She further argued that the prosecution has not proved the previous conviction of accused persons as procedure of Sec. 298 Cr.PC. She further argued that since the prosecution has not proved the previous conviction of accused persons namely Anita, Imla, Indu & Kavita, should be acquitted under Sec. 413/34 IPC.
FIR No. 832/2015, PS Kashmere Gate (Metro) Page No. 15 of 17 compounded the offence punishable under Sec. 411/34 IPC with the complainant, it amounted to their acquittal under Sec. 411/34 IPC.
24. Since the prosecution has failed to prove the ingredients of offences punishable under Sec. 413/34 IPC beyond reasonable doubts against accused persons namely Anita, Indu, Imla and Kavita, they are hereby acquitted for the offence punishable under Sec. 413/34 IPC. Due to the compounding of offences punishable under Sec. 379/411/34 IPC, all the accused persons namely Anita, Imla, Indu, Kavita, Laxmi and Kamla stood acquitted under Sec. 379/411/34 IPC on 12.11.2022.