Regular Bail in Robbery cases- Previous involvement in MCOCA- Bad Antecedents- Advocate Ravi Drall rohini court criminal advocate

Advocate Ravi Drall got regular bail in robbery case of his two client alleged to be involved in more than 100 cases. Regular Bail was granted by Hon’ble Sessions Judge, Rohini Court, Delhi to both the accused persons in two FIR’s lodged in Rani Bagh Police station U.S: 392/34 IPC alledging the loot of 9 Lacs ruppes and gold chain.

Accused were earlier involved in many cases and were acquitted by Sessions court, Rohini in year 2019 in MCOCA case but accused were again arrested in two cases on behalf of suspicion of previous involvement. No evidence was found against accused persons and no recovery of case property made from any accused. Arrest of a person on mere suspicion is againt the natural justice. There was no scientific proof in nature of CDR or CCTV ffotage which could be relied upon the prosecution to proof the case against accused. Even as per both the FIR’s the complainant didnt claim to identify the accused persons.

Essential Ingredients of Robbery

Section 390 of the Indian Penal Code, 1860 says that in all robbery there is either extortion or theft. The Black law’s dictionary defines robbery as the felonious act of taking the personal property of another from a person or immediate presence against his will accomplished by using force and fear, with the intention of permanently depriving the owner of the thing.

Causing Death, Hurt or Wrongful Restraint or Fear

Death, hurt, wrongful restraint or fear can be caused when theft is a robbery or when extortion is robbery. These two are explained below with the help of illustrations.

When theft is robbery

Theft is a robbery when in order to commit theft, the offender voluntarily causes or attempts to cause to any person death, subject him to wrongful restraint, cause hurt or induce fear of instant death, instant wrongful restraint or cause instant hurt.

Theft can be called as a robbery when the conditions given below are satisfied:

  • When the offender voluntarily attempts to cause death;
  • wrongful restraint;
  • fear of instant death;
  • instant wrongful restraint;
  • instant hurt.

And  the above acts are done:

  • while committing the theft,
  • While carrying away the property acquired by theft, or
  • While attempting to carry away property.

For example, if A holds B down and fraudulently takes B’s money from B’s clothes without B’s consent. Here A has committed theft and by committing theft he has voluntarily caused wrongful restraint to B. Therefore, A has committed robbery.

When extortion becomes robbery

Extortion becomes robbery when the person committing the offence of extortion put the other person in fear and commits extortion by putting that person in fear of death, instant wrongful restraint to that person or to some other person and by doing so induces the person so put in fear then and there deliver the thing that has been extorted.

For example, if A meets B and B’s child is on a road. A takes the child and threatens to fling it down a height unless B delivers his purse. B delivers his purse. Here A has extorted the purse from B by causing B to be in fear of instant hurt to the child who is present. A has therefore robbed B. However if A obtains the property by saying that your child is in my hand of my gang and he/she will be put to death unless you send us ten lakh rupees. This will amount to extortion, and punishable as such, but it would not be considered as robbery unless B is put in fear of instant death of his child.

Possession of Stolen Property

Property is an important part of the law. Section 410 to Section 414 of the India Penal Code talks about the concept of stolen property. Section 410 of the Indian Penal code defines it as when a person transfers his/her property to another person. It can happen by way of theft, extortion or robbery. It includes all kinds of properties which a person can misappropriate for criminal breach of trust.

These kinds of instances related to property are known as stolen properties. Section 410 of the Indian Penal Code also says that if a person transfers the property by using any of the means given below that will be considered as stolen property. These means are:

  • Theft;
  • Extortion;
  • Robbery;
  • Criminal misappropriation;
  • Criminal breach of trust.

Section 411 of the Indian Penal Code says that any person who dishonestly possess or retains the property will be punished with at least 3 years of imprisonment, fine or both.

Punishment for Robbery

Indian Penal Code, 1860 deals with all kinds of punishments related to criminal law . Under Section 392 of this code, the punishment for robbery is defined. This section says that any person who commits robbery shall be punished with imprisonment which may be extended up to ten years and shall also be liable for fine.

Further, this section says that if a person commits a robbery on a highway then the term for imprisonment will be of 14 (fourteen) years. Section 393 of the Indian Penal Code defines the punishment for an attempt to commit robbery. The punishment for this is imprisonment for up to 7 years and also liable for fine.

Punishment for Being a Member of Gang of Robbers

Section 412 of the Indian Penal Code deals with the punishment for being a member of a gang of robbers. This section deals with the person who retains or receives stolen property the possession of which he/she knows that it is due to the commission of a dacoity. It further says that when a person receives from another person whom he or she knows or has justification to believe that property belongs to a group of dacoits, and knows or has reason to believe that the property have robbed or stolen.

For all such people, the punishment is imprisonment of life or with a rigours term which can be extended to 10 years. This section punishes everyone who receives any property which has been acquired by the commission of dacoity.

Attempt to Commit Robbery

Attempt to commit robbery has been defined under Section 393 of the Indian Penal Code, 1860. It explicitly says that any person who attempts to commit robbery will be punished with rigorous imprisonment whose term can be extended to 7 years and he or she will also be liable to pay the fine.

Dacoity (Aggravated Form of Robbery)

Aggravated form of robbery not only includes robbery but it also includes theft and serious injuries to the victim. When five or more than five persons commit or attempt to commit a robbery that is known as dacoity. It is more of an aggravated form of robbery and generally, the robber is armed with deadly weapons.

Dacoity is defined under Section 391 of the IPC and the punishment for it is defined under Section 395 of the IPC. The only difference between robbery and dacoity is a number of participants. Section 395 punishes every member of the group in dacoity whether that person takes an active part or not. The punishment under this section is imprisonment up to 10 years with fine.

Dacoity

According to the dictionary of oxford, dacoity means an act of violent robbery which is committed by an armed gang. There is only one factor which differentiates dacoity from robbery and that is the number of offenders. One person can also commit a robbery and more than 1 person can also commit robbery. But when 5 or more than 5 commit a robbery it is termed as dacoity.

Section 391 of the Indian Penal Code defines robbery. It says that when 5 or more than 5 conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit “dacoity”.

Essential Ingredients

In order to commit dacoity, there are 3 essentials which must be there. These essentials are:

  • There should be at least five or more than five persons;
  • They should conjointly commit or attempt to commit dacoity;
  • They should have dishonest intention.

Sentence for Dacoity

Punishment for dacoity is defined under Section 395 of the Indian Penal Code, 1860. This section says that a person who commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which can be extended to ten years, and shall also be liable to pay the fine. This offence is cognizable, non-bailable, and non-compoundable in nature.

The State vs Sadhu Singh and Ors in this case, four and one kurda Singh was involved in committing a dacoity. They all were armed with deadly weapons such as rifles and pistols. They committed a robbery at the house of gharsiram. They injured Gharsiram, jugalkishore, Sandal and Jugalkisore. The dacoits, in this case, tried to take a wristwatch and a shawl of one person but as they were villagers the dacoits were not able to take anything with them. When dacoits started running from the villagers they received a hot chase from them and in return dacoits shot a fire. As a result, dharma, one of the villagers died but the villages captured one of the dacoits. In this case, the dacoits were charged under Section 395 of the Indian Penal Code.

Advocate Ravi Drall has represented clients in cases related to Anticipatory, regular Bails, Acquittal, Revisions, Appeals, Writs, PIL’s in cases of MCOCA, Cheating, Fraud, Murder, Attempt to murder, Extortion, Dacoity, Sexual Offences, Suicide, Narcotic and Drugs, Revenue and Customs Criminal Cases, Economic Offences, Arms and Weapons, Matrimonial, Domestic Violence, Constitutional Law, Negligence, and have availed favourable decisions from the courts. It is always advisable to seek for the best professional legal advise in case of criminal law as it involves intricate complexities and a small fact lead to an acquittal.

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