Rakesh vs State Of Nct Of Delhi on 20 July, 2010
10. Sections 392 and 393, IPC prescribe punishment in case of robbery
and attempted robbery respectively. Under Section 392 IPC an accused
can be punished with upto 10 years of rigorous imprisonment and fine and
upto 14 years of rigorous imprisonment when robbery is committed on
highway between sunset and sunrise. The punishment prescribed is
stringent. For a case to fall under Section 392 IPC in case of theft
amounting to robbery, actual theft as defined in Section 378 IPC should be
committed. For Section 392 IPC to apply, the prosecution has to establish
that during the course of commission of the offence of theft the offender
had caused or had intended to cause threat of death or hurt or to wrongful
restrain (Malkhan Singh vs State of Haryana 1994 SCC (Crl) 1422).
Section 393 IPC applies when an accused attempts to commit robbery but
the same is not actually committed. Under Section 393 IPC, the maximum
punishment prescribed is 7 years rigorous imprisonment with fine. Again,
the punishment prescribed is stringent. However, no minimum
punishment has been prescribed in Sections 392 and 393 IPC.