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In Re: Varayal Krishnan Nair - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in14Ind.Cas.319
AppellantIn Re: Varayal Krishnan Nair
Excerpt:
penal code (act xlv of 1860), sections 109, 379 - theft--accused not convicted of theft--whether can be convicted for abetment of theft. - sankaran nair, j.1. the petitioner was charged only with having committed theft. he was convicted under section 379 for that offence. on appeal, he was acquitted of theft and convicted of abetment of theft under sections 109 and 379 of the indian penal code. this is illegal, as the petitioner was not charged with the abetment of theft. the conviction and sentence are set aside and the fine will be refunded.
Judgment:

Sankaran Nair, J.

1. The petitioner was charged only with having committed theft. He was convicted under Section 379 for that offence. On appeal, he was acquitted of theft and convicted of abetment of theft under Sections 109 and 379 of the Indian Penal Code. This is illegal, as the petitioner was not charged with the abetment of theft. The conviction and sentence are set aside and the fine will be refunded.


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