Accused not guilty for Theft - Co-accused convicted for dishonestly receiving Stolen Property - Whether Proper ? [Case Law]
Evidence Act, 1872 - S.114 - Penal Code, 1860 - Ss. 411, 457 & 380 - Theft - Lurking house trespass - Dishonestly receiving stolen property - A ccused not guilty under Sections 457 and 380 I.P.C, but the 2 nd accused was found guilty under Section 411 I.P.C. Though the prosecution could not effectively and successfully prove the alleged offence of lurking house trespass and theft, the evidence adduced by the prosecution clearly proved the offence under Section 411 I.P.C as against the 2 nd accused. It was in such a circumstance, the trial court found him guilty under Section 411 I.P.C as a lesser offence.