robbery. It explains when theft is
robbery and when extortion is robbery. Section 391 explains
what is dacoity. Section 392 provides for punishment for
robbery ... theft. The three
ingredients mentioned in sec.390 , I.P.Code, must
always be satisfied before theft can amount to
robbery, and this has been
amount to five or more, every person
so committing, attempting or aiding, is said to
commit "dacoity".
34. Theft amounts to `robbery ... theft but for an object
other than the one referred to in sec. 390 , I. P. Code,
theft would not amount to robbery
Bangalore, stating inter alia,
that the act of first respondent amounted to theft and
robbery and accordingly, prayed the learned Magistrate
to direct investigation
have used
the said vehicles for commission of theft. Therefore, the
evidence of P.W.5 is also not sufficient to prove the guilt ... sustainable,
because commission of theft as alleged amounts to only
13 C.C.No.14306/2014
theft, but not robbery. Therefore, the offence punishable
under
State vs. Manoj 12.12.2018 Page 5
cases of robbery either there should be a commission of theft or extortion.
The testimony ... court is unable to hold that
there was any theft or extortion amounting to robbery as required u/s 390
of IPC. Therefore, any attempt
pertaining to Robbery) is
concerned, the prosecution had to prove that the accused committed
robbery as defined U/s. 390 IPC .
Robbery as defined ... kinds, one relating to theft and
one relating to extortion. For theft to amount to robbery, the prosecution
has to establish : -
(a) if in order
necessary party for recovery of loan amount as the car was insured till the
date of robbery / theft ... entered with the bank and theft of vehicle does not
absolve defendant of his liability to repay the outstanding amount along
with interest.
19. Order
after
having collected the said amount from said Vishal Mittal, accused
dishonestly misappropriated the said amount which was entrusted to
accused in his capacity ... police official/public servant regarding the fabricated
incident of theft/robbery qua the said entrusted amount of Rs. 20 lacs
and thereby committed offence punishable
alleged against the applicant that he committed extortion
and robbery wherein an amount of Rs.25,000/- has been
recovered from him in an incident ... stolen. Investigation in the matter is pending .
In the matter of theft, robbery and dacoity custodial
interrogation becomes relevant, therefore for the time being
anything about the incident of theft/robbery or any act on the
part of the accused persons which would amount to an offence. He
proceeded
