Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860: s.397-0ffence under-Injury not inflicted by |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: s.397 - Offence under - Injury not inflicted by accused - Hence, offence under s.397 not established.Criminal trial: Delay in lodging FIR - Effect - Held: Fatal to prosecution case if not satisfactorily explained.Code of Criminal Procedure, 1973 : s.210 - Object of - Discussed.Prosecution case was that on 8.8.1984 at 9.30 P.M. the appellant, Rand 3 persons who were Sikhs entered into the temple where complainant-PW-1 pujari of the temple was doing meditation. They tied PW-1 with a rope and ran away containing the donation box with cash of about Rs.5000/-. Appellant was carrying a knife, R was having a lathi and one of the other 3 was having a revolver. PW-1 cried for held whereafter two local person came to the temple and saw 5 persons running. Both of them identified appellant and R. On 9.8.1984, PW-1 made a written complaint to the Prime Minister, police official but to no avail. Thereafter, the complaint was filed on 31.8.1984. Trial Court convicted appellant under ss.452, 392, 397 IPC. The appeal before the High Court was dismissed on the ground that PW-1's evidence was clear and cogent.In appeal to this Court, appellant contended that the alleged incident took place on 8.8.1984 and the complaint was lodged on 31.8.1984; that except a bare statement that representations were made to various persons, no material in that regard was adduced. Further, the modalities to be adopted when the police does not register the FIR are indicated in s.154 (3) Cr.P.C. Admittedly, that has not been done. In any event, the ingredients of s.397 IPC have not been established. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 893 |
Petitioner | Dilawar Singh |
Respondent | State Of Delhi |
SCR | [2007] 9 S.C.R. 695 |
Judgement Date | 2007-09-05 |
Case Number | 491 |
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