Supreme Court of India
Pramod Bhanudas Soundankar v. State of Maharashtra
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What the Court ordered
For the reasons recorded hereinabove, we are satisfied, that the Trial Court, as also the High Court, were not justified in convicting the appellant under Section 412 IPC. We F therefore, set aside the conviction of the appellant under Section 412 IPC.
Judgment, page 9
From the headnote
Penal Code, 1860 - ss. 411 and 412 - Dacoity by 10 accused - Stolen property (4 kg silver) sold to appellant- accused (jeweller) - Conviction of appellant-accused by courts below u/ss. 411 and 412 - On appeal, plea that appellant-accused, at the most could be convicted uls. 411 and not 412 as he did not know whether the accused selling the silver, belonged to a gang of dacoits - Held: The evidence that the appellant had known or had reason to believe that the silver chips were stolen property, would be sufficient only to establish his guilt u/s. 411 - Courts below have not recorded a finding
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