Case Note & Summary
The appellant, accused No.2, was convicted by the Principal Sessions Judge, Mandya, for an offence punishable under Section 398 of the Indian Penal Code (IPC) in S.C. No.54/2019. The case of the prosecution was that on 04.05.2015 at about 8.45 p.m., near KSRTC bus stop in Malavalli Town, accused Nos.1 to 4 were found moving suspiciously and were in possession of deadly weapons concealed in an Indigo-Ecs car bearing registration No.TN-22/CR-8025, thereby making preparation to commit robbery or dacoity. The appellant challenged the conviction and sentence before the High Court of Karnataka. The High Court heard the learned counsel for the appellant and the learned HCGP for the State. The appellant's counsel contended that the entire prosecution case was false and there was no evidence to show that the accused were making preparation to commit robbery. The court examined the material on record and found that the prosecution had not adduced any evidence to prove that the accused attempted to commit robbery. The court observed that Section 398 IPC requires that the accused must have attempted to commit robbery and at the time of such attempt was armed with a deadly weapon. Mere possession of deadly weapons or preparation to commit robbery is not sufficient to attract Section 398 IPC. The court held that the conviction was unsustainable and set aside the judgment of conviction and order of sentence. The appeal was allowed.
Headnote
A) Criminal Law - Preparation to Commit Robbery - Section 398 IPC - Essential Ingredients - For an offence under Section 398 IPC, the prosecution must prove that the accused attempted to commit robbery and at the time of such attempt was armed with a deadly weapon. Mere possession of deadly weapons or preparation to commit robbery is not sufficient to attract Section 398 IPC. The court held that the evidence on record only shows that the accused were found in possession of weapons, but there is no evidence of any attempt to commit robbery. Hence, the conviction was set aside. (Paras 2-4)
Issue of Consideration
Whether the conviction of the appellant under Section 398 IPC is sustainable when the prosecution failed to prove that the accused attempted to commit robbery while armed with deadly weapons.
Final Decision
Appeal allowed. The judgment of conviction dated 11.12.2019 and order of sentence dated 12.12.2019 passed by the Principal District and Sessions Judge, Mandya in S.C. No.54/2019 convicting the appellant/accused No.2 for the offence punishable under Section 398 of IPC is set aside. The appellant is acquitted of the said offence.
Law Points
- Section 398 IPC requires proof of attempt to commit robbery while armed with deadly weapon
- mere possession of weapons not sufficient
- preparation alone not punishable under Section 398 IPC
