RAJA Vs. STATE

JUDGEMENT

(1.) This is an appeal by the accused against conviction and sentence. The case of the prosecution was as follows : On 25-6-1982 at about 8-30 p.m. near the bus stand at Jeeva Park, Madras, P. W. 1 found himself alone. The accused came near him, showed him a knife and asked him to part with money he had in his pocket. Before P. W. 1 did anything, the accused put his hand in the pocket and drew out P. W. 1's money purse. Upon P. W. 1 shouting 'thief, thief, P. W. 2 came to his rescue. The accused was caught. His hands were tied with the help of a kerchief. He was taken to the police station.

(2.) Thereupon the accused was prosecuted for offences under Ss. 392 and 397, I. P. C. He was found guilty thereunder and sentenced concurrently to seven years of rigorous imprisonment. It is against that judgment that the present appeal has been preferred. Learned counsel for the accused would fairly admit the facts of the case but would contend that they only amount to an offence under S. 392, I.P.C. He therefore does not attack the conviction under that section; but contends that there is no material whatsoever for convicting the accused for an offence under S. 397, I.P.C. This is the point to be decided in the appeal.

(3.) S. 397, I.P.C. reads as follows :