for Case Law
Querist :
Anonymous
(Querist) 21 November 2010
This query is : Resolved
A complaint case under section 323, 379, 504, 34(B) I.P.C filed by a villeger against so many named accused .Aligation made in complaint petition against a accused namely k.Sharma under section 379 that K.Sharma came and snached a gold chain . But in this case megistrate take cognizance uner sec. 323,504,34(B) I.P.C. and not take cognizance u/s 379 I.P.C but also take cognizance against accused K.Sharma. please help me that what step i take in favour of accused K.Sharma .Plz also provide me some case law for this type of case
R.Ramachandran
(Expert) 21 November 2010
Dear Anonymous,
Sec. 379 IPC prescribes punishment for Theft.
The offence of Theft is contained in Sec. 378.
When there is no complaint u/s. 378 IPC the question of invoking Sec. 379 does not at all arise.
Devajyoti Barman
(Expert) 21 November 2010
You can file petition for addition of charge u/s 379. The section showing the punishment needs to quote, not the section showing the description of offence.
H. S. Thukral
(Expert) 21 November 2010
The Magistrate is obliged to state the reasons for not framing a charge under section 379/80 of IPC. An order without reasons is not sustainable. At the time of framing a charge the Magistrate does not have to weigh the evidence whether the accused shall be convicted or not but to see if a prima facie case is made out. You can file a revision before the Session Court. In the case of State of Orissa Vs. Debendra Nath Pathi, 2005 1 Supreme Court Cases 568” and “ 1977 AIR 2018 State of Bihar Vs. Ramesh Singh” the Hon’ble Supreme Court has held that :“ at the stage of framing of charge it is not obligatory for the judge to consider in any detail and weigh in a sensitive balance whether the facts, if proved, would be incompatible with the innocence of the accused or not. At that stage, the court is not see whether there is sufficient ground for conviction of the accused or whether the trial is sure to end in his acquittal. Strong suspicion, at the initial stage of framing of charge, is sufficient to frame the charge and in that event it is not open to say that there is no sufficient ground for proceeding against the accused.”
Advocate. Arunagiri
(Expert) 21 November 2010
The charges can be added at any point of time during the trial.
Dineshwar Singh Kaushik
(Expert) 21 November 2010
From your query it seems that you are representing K.Sharma then at this juncture you are not supposed to take any step because the magistrate has found the case true under sec 34 of IPC along with which means common intention.
s.subramanian
(Expert) 22 November 2010
I agree with Mr.Harbhajan.
