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Rakesh Kumar Gupta vs State (Govt.Of Nct Of Delhi) on 18 September, 2009

In „Rakesh Kumar vs. The State of NCT of Delhi 2005 (1) JCC 334 and Sunil @ Munna vs. The State (Govt. of NCT), 2010 (1) JCC 388, it was observed that in the absence of recovery of the knife used by the appellant at the time of SC 222/18-State vs. Mohd. Tanveer & Ors. Page no. 18 commission of robbery charge under Section 397 IPC cannot be established. In the present case, indubitably the knife used for commission of crime was not recovered. Accordingly, in my view, appellant could not have been sentenced under Section 397 IPC and Trial Court has erred on this point."
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