Bail Allowed 392/395/412&411PPC

Описание: Bail Allowed 392/395/412&411PPC,Robbery Dacoity Dishonestly receiving stolen property Bail Grant 392/395/412&411  Punishment for robbery.
Today i will discuss bail allowed under section 392/395/411&412 ppc
--Whoever commits robbery shall be punished with rigorous imprisonment for a term which [shall not be less than three years nor more than] ten years, and shall also be liable to fine; and, if the robbery be committed on the Highway [.....] the imprisonment may be extended to fourteen years.

COMMENTARY

1. Scope and extent. Mere arrest on spot. Not sufficient. NLR 1989 TD 86. Identification. Court must look for some independent evidence. 1991 PCr.LJ 1145. Identification not a legal requirement. 1991 PCr.LJ 817. Identification delayed. 1987 MLD 1003. Physical features not given in FIR. 1988 PCr.LJ 2287. Two FIRs. Amalgamation and conviction on the basis of evidence of the same set of witnesses. Material irregularity. 1990 PCr.LJ 1193; 1981 SCMR 435; 1984 PCr.LJ 3102. Violation of Ss. 342 and 364 Cr.P.C. Vitiates trial. 1990 MLD 1158. Perception of witness. 1987 PCr.LJ 542. Non-production of case property. PLD 1992 Kar. 140. Case rested on identification and recovery. PLD 1990 FSC 38.

Confessional statement for being relied upon should not only be true, voluntary and believable but should be without fear, favour or any inducement. 2005 PSC (Crl.) 705(a).

392.  Punishment for robbery.--Whoever commits robbery shall be punished with rigorous imprisonment for a term which [shall not be less than three years nor more than] ten years, and shall also be liable to fine; and, if the robbery be committed on the Highway [.....] the imprisonment may be extended to fourteen years.

COMMENTARY

1. Scope and extent. Mere arrest on spot. Not sufficient. NLR 1989 TD 86. Identification. Court must look for some independent evidence. 1991 PCr.LJ 1145. Identification not a legal requirement. 1991 PCr.LJ 817. Identification delayed. 1987 MLD 1003. Physical features not given in FIR. 1988 PCr.LJ 2287. Two FIRs. Amalgamation and conviction on the basis of evidence of the same set of witnesses. Material irregularity. 1990 PCr.LJ 1193; 1981 SCMR 435; 1984 PCr.LJ 3102. Violation of Ss. 342 and 364 Cr.P.C. Vitiates trial. 1990 MLD 1158. Perception of witness. 1987 PCr.LJ 542. Non-production of case property. PLD 1992 Kar. 140. Case rested on identification and recovery. PLD 1990 FSC 38.

Confessional statement for being relied upon should not only be true, voluntary and believable but should be without fear, favour or any inducement. 2005 PSC (Crl.) 705(a).
411.Dishonestly receiving stolen property:
Whoever dishonestly receives or retains, any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 412.Dishonestly receiving stolen property in the commission of a dacoity:
Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission of dacoity, or dishonestly receives from person, whom he knows or has reason to believe to belong or to have belonged to a gang of dacoits, property which he knows or has reason to believe to have been stolen, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
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