(70)
S.C.No.463/2009 (Judgment)
helped accused No.1 Jawed and they concealed him in the hotel “Pancham” though
they were knowing about the act of accused Jawed. Hence I am of the opinion that
prosecution has not proved the charge under Section 212 of the Indian Penal Code
against accused Nos.2 & 3.
114/
Same is the case of Section 109 of Indian Penal Code. According to
prosecution, accused Nos.2 & 3 had abetted the commission of said crime by
accused No.1. But again on this point also there is no cogent and reliable evidence so
as to come to the conclusion that the accused Nos.2 & 3 had abetted accused No.1
to commit said crime. Hence the offence under Section 109 of IPC is also not proved
by prosecution against accused Nos.2 & 3.
115/
So far as the offence under Section 412 of IPC is concerned, it speaks
about the possession and receiving of the property by committing of dacoity. Here it
is not the case of dacoity since it appears that accused No.1 alone had entered in the
house of victim. Hence I am of the opinion that Section 412 of IPC is not applicable
to the facts of this case.
116/
So far as an offence under Section 411 of IPC against accused No.2
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