S 412 IPC Of Retaining Stolen Articles Of Dacoity Fails Automatically If Prosecution Fails To Prove Offence Of Dacoity: Calcutta HC

The Calcutta High Court on Wednesday observed that if the prosecution has failed to prove the charge of dacoity then the charge under Section 412 of the IPC of retaining the stolen articles of dacoity fails automatically.Section 412 of the IPC provides that whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have. The Calcutta High Court on Wednesday observed that if the prosecution has failed to prove the charge of dacoity then the charge under Section 412 of the IPC of retaining the stolen articles of dacoity fails automatically. Section 412 of the IPC provides that whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission of dacoity, or dishonestly receives from a person, whom he knows or has reason to believe to belong or to have belonged to a gang of dacoits, property which he knows or has reason to believe to have been stolen, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. Reliance was also placed on the Supreme Court decision in K. Venkateshwar Rao alias Venkatal alias I. Rao v. State Represented by Inspector of Police, A.P wherein the Apex Court had held that while the charge of dacoity has not been proved by the prosecution, the charge under Section 412 of the IPC of retaining the stolen articles of dacoity fails automatically.