457 INDIAN PENAL CODE
salilkumarp
(Querist) 13 September 2008
This query is : Resolved
ACCUSED COMMITTED THEFT IN HOUSE AND WAS ARRESTED 3 WEEKS AFTER FROM ANOTHER PLACE STOLEN ARTICLES . AND, HE WAS CHARGED U/S 457 380 IPC.HOW HE CAN BE PROSECUTED U/S 457 IPC AS THERE IS NO LEGAL EVIDENCE TO THE FACT THAT HE HAD TRESSPASSED INTO THE HOUSE BY NIGHT,APART FROM HIS CONFESSION.
Kiran Kumar
(Expert) 13 September 2008
well if he has confessed to tresspass committed by him then what else to prove?
whether the confession is befoe police or magistrate has to be seen.
if the ingredients of Section 457 are ful filed in terms of the facts of ur case then yes, he can be prosecuted on that count.
its a matter of facts and circumstances of the case.
K.C.Suresh
(Expert) 14 September 2008
Dear Salil,
You are very brief in the matter.
S. 4757 is for lurking house trespass or house breaking by night in order to commit offence punishable with imprisonment. Inorder top prove this confession to ppolice is not an evidence. Hit by Evidence act. S. 164 statement to Magistrate is not a primary evidence but a corroborative evidence. You may ascertain whether any recovery was effected u/s 27 of the Evidence Act. If that be so it is against accused and it a primary factor against the accused to prove offence U/s 380 and 457 IPC.
sanjay kumar patibandla
(Expert) 16 September 2008
I think according to Property recovery and confession panchanama property might have recovered from the accused. here without 457 IPC the 380 does not attracts because the property was stolen from the house. With out tress pass how the accused can commit the offense U/s 380.
When there is no legal evidence accused will get acquittal. But he must face the trail.
