BHEEMAPPA BHEEMAPPA Vs. STATE OF MYSORE

JUDGEMENT

(1.) THE accused were charged with only two offences punishable under Ss. 457 and 380 of the Penal Code. But, there was no conviction with respect to any of these offences and instead there was a conviction in respect of an offence punishable under S. 414 of the Penal Code. That offence is committed only if a person assists in concealing or disposing of property which he knew or had reason to believe to be stolen property.

(2.) ALTHOUGH, the charge-sheet stated that an offence under S. 414 of the Penal Code had also been committed by the accused, the Magistrate framed no charge with respect to that offence. That being so and since the ingredients of an offence punishable under S. 414 are not the ingredients of anoffence punishable under S. 380 or 457 of the Penal Code, and since there can be no conviction under S. 414 of the Penal Code unless the accused voluntarily assist the concealment or disposal of property which they knew or had reason to believe to be stolen property, and the petitioners in the present case had no opportunity to meet any such charge, I allow this revision petition and sat aside the conviction of the petitioners and the sentence imposed on them. The fine, if paid, will be refunded.