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Showing contexts for: attempt to commit theft in State vs . Ajay Kumar & Ors on 11 February, 2022Matching Fragments
16. I have heard the Ld. APP and Ld. defence counsel and have perused the case file.
17. Section 390 IPC provides for the offence of robbery. It defines robbery in the following manner:
7"390. Robbery.--In all robbery there is either theft or extortion.
When theft is robbery.--Theft is "robbery" if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint When extortion is robbery.--Extortion is "robbery" if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person, or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.
Explanation.--The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint."
18. Bare reading of the above provision will clearly show that robbery is an aggravated form of theft or extortion which is committed when the person interalia voluntarily causes or attempt to cause death or hurt or wrongful restraint to the victim either while committing the theft or while carrying away the stolen property.
Culpability of the accused Ajay Kumar for the offence of robbery
21. As discussed in he preceding paragraph of this judgment, it is required for the prosecution to prove following ingredients in order to prove the culpability of an accused for the offence of robbery.
i. The accused has committed theft, and ii. He has voluntary caused or attempted to cause interalia death, hurt or wrongful restraint while committing theft or attempting it or while carrying away the stolen property.