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1 - 10 of 10 (0.23 seconds)Section 397 in The Indian Penal Code, 1860 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 392 in The Indian Penal Code, 1860 [Entire Act]
Section 165 in The Indian Evidence Act, 1872 [Entire Act]
Gopalan Nair vs The State Of Kerala on 22 December, 1972
29. The decision in Gopalan v. State of Kerala
Section 391 in The Indian Penal Code, 1860 [Entire Act]
Section 9 in The Indian Evidence Act, 1872 [Entire Act]
Om Prakash & Anr vs State Of Rajasthan on 21 January, 1998
27. The learned counsel for the appellants has
relied upon the decision of the Supreme court in Om
Prakash v. State of Rajasthan - AIR 1998 SC 1220
= 1998 KHC 1519 in support of his submission that
if one of the accused is acquitted it is not proper to
convict the remaining three accused. The facts dealt
with therein are entirely different. Here the
consistent case is that four accused persons actively
participated in the commission of robbery and the 5th
person aided the commission of robbery by keeping
the car just near the place of incident so as to
facilitate the accused to escape from the scene
without being caught or noticed by others. It is not a
case where the 5th accused was acquitted but he
could not be traced or arrested by the investigating
agency. It is argued by the learned counsel for the
Crl.Appeal No. 231 of 2013 -:23:-
appellants that if there is such a person in all
probability, he could have been arrested but only a
fake name has been shown by the police to show that
there were five persons. But that contention cannot
be accepted in view of the specific statements given
by P.W.1 and P.W.2 that the 5th man was inside the car
and the other four accused persons escaped in the car
which was kept near the place of incident.
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