Indian Penal Code, 1860
Section 412—Dishonestly receiving property stolen in the commission of a dacoity—Conviction—In order to attract offence of dacoity as adumbrated under Section 391 of the IPC, the essential ingredient is commission of robbery by five or more persons conjointly and in order to constitute offence punishable under Section 412 of the Code, it is quite essential that proceeds must be result of dacoity—Statement of prosecution witness and contents of FIR when gazed in the light of such provisions, it is evident that offence as alleged under FIR does not constitute offence of dacoity as defined under Section 391 of IPC—Property i.e. car was snatched at the gun by four persons involved can also not be said to be members of the gang of dacoits—Conviction of appellants under Section 412 of IPC cannot be maintained—Appeal qua second appellant is allowed to the extent that his conviction is altered qua offence punishable under Section 412 to the one qua offence punishable under Section 411 of IPC—Appeal allowed in part.
[Paras 10 & 11]
Section 412—Dishonestly receiving property stolen in the commission of a dacoity—Conviction—Apart from the disclosures made by both the accused while in police custody, there is no other incriminating evidence against first appellant—Confession made by accused in police custody cannot be relied upon to hold appellant guilty—Keeping in view that the appellant has also undergone actual custody of three years, is ordered to be released for offence undergone the same—Appeal allowed in part. [Evidence Act, 1872, Section 25]
[Paras 11, 15 & 16]