MANGLARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence under section 411 passed by the learned trial Judge in Sessions Case No. 6/83.

(2.) With the assistance of the learned PP, I have scrutinised the record and reappreciated the evidence thereon.

(3.) Even if the entire evidence as led by the prosecution is accepted, conviction under section 411 IPC, in the circumstances proved, is not possible. It is proved by the prosecution that during the course of investigation, a wrist watch was recovered from the possession of the accused and he was charged for having robbed it from the person of the complainant. There is, however, no evidence to the fact that the watch recovered from the accused belongs to the complainant nor was the accused charged with the offence of S. 411 IPC. Offence under section 411 Penal Code is an independent offence and cannot be termed as a lesser offence to S. 392 IPC.