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S.C.96/10 State vs . Rajender 1/10 on 15 October, 2012 cites

I.C.I.C.I. Bank Limited vs Sh. Rajender Jain on 12 March, 2009

14. The argument of the Ld. Counsel for the accused that no preparation as required under Section 399 IPC has been proved, suffers from the inherent defect that a knife measuring 32 cm was recovered from the possession of the accused, which he failed to account for. He has simply stated in his examination under Section 313 Cr.P.C that nothing was recovered from him and he was falsely implicated in this case. He, however, did not produce any defence evidence in support of his claim. The argument that there is no evidence as to where the alleged dacoity had to be committed and non-examination of shadow witness HC Kuldeep is also not relevant as other four co-accused persons had pleaded guilty and were convicted under Section 399/402 IPC. All the arguments raised by the Ld. Counsel for the accused loose their sting as in this case, four out of the five accused persons had pleaded guilty to the offence under Section 399/402 IPC. The offences under Section 399/402 IPC requires the involvement of five or more persons. Five persons were arrested by the Police and out of those five, four pleaded guilty and were convicted. No judicial pronouncement has been placed on record by the Ld. Defence counsel to the effect that in an offence under Section 399/402 IPC where four co-accused persons have S.C.96/10 State Vs. Rajender 9/10 pleaded guilty, one may claim innocence. Offence for preparation of dacoity and assembling for the purpose of committing dacoity necessarily requires the presence of five or more persons and when four persons plead guilty, one cannot be believed to say that he was falsely implicated in the case. The registration of FIR was proved by PW-3 HC Naresh Kumar. Receiving of secret information regarding assembling of the accused persons at Dhola Peer was proved by PW-6 SI Prasun. Formation of raiding team and the raid was proved by PW-6 Prasun, PW-2 HC Suresh Kumar and PW-4 HC Ravinder. The recovery of knife measuring 32 cms (17 cm handle and 15 cm blade) from accused Rajender was proved by PW-4 HC Ravinder and PW-6 SI Prasun. Anil Yadav, UDC from Department of Home, Delhi Government, proved copy of Notification dated 17.02.1979 as Ex.PW1/A, according to which, possession of any knife having a blade of more than 7.12 cm in length was prohibited. The seizure memo of this knife was also proved by PW-4 HC Ravinder and PW-6 SI Prasun.
State Consumer Disputes Redressal Commission Cites 1 - Cited by 1 - Full Document
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