Indian Penal Code, 1860
Section 412—Framing of charge—Revision—Provision of Section 411 of IPC attracts where receiver of such stolen property is only aware of the property being stolen, however, in the case of Section 412, the accused person is aware that the same is from out of or result of dacoity—Role alleged to have been played by petitioner is conspicuous by its absence—Nothing on record to even, prima facie, show that petitioner was aware of dacoity or its planning—Though, it appears that the petitioner was aware that property (copper scrap) was stolen material—Impugned order set aside, only to extent of framing charge under Section 412 IPC qua petitioner, however, the trial court directed to frame charge under the provisions of Section 411 as against petitioner and commence trial. [Criminal procedure Code, 1973, Section 397]
[Paras 26 to 33]