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State vs. Hassan Ahmed - (High Court of Delhi) (08 Nov 2021)

Non recovery of weapon is not ground for not framing charges under Section 397 Of IPC



Present petition is directed against the order passed by the learned District and Sessions Judge, arising out of FIR, registered at Police Station for offences under Section 392/34 of IPC. The learned District and Sessions Judge by the order impugned has held that, the offence under Section 397 IPC is not made out against the accused/Respondent herein and the matter has been sent to the learned Chief Metropolitan Magistrate for framing of charge under Section 392 of IPC.

The question which arises for consideration in present case is whether when an act of robbery is committed by showing a revolver/pistol then does an offence under Section 397 is made out or not.

Section 397 of IPC provides that, if, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any per-son, the imprisonment with which such offender shall be punished shall not be less than seven years.

The fact that the weapon has not been recovered is no ground for not framing charges under Section 397 IPC. The effect of non recovery of the weapon would be seen only in trial and that cannot be a reason for not framing charges under Section 397 IPC. Charges under Section 397 of IPC ought to be framed against the accused. Petition allowed.


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