IPC Final

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY VISHAKAPATNAM, A.P. (Estd. Under A.P. Act no. 32 of 2008)

Topic: “Robbery & Dacoity”- Still an unsolved problem in India

Subject: Law of crimes- I

Under the guidance of: Dr. Nandhini.C.P

COLLECTIVE WORK SUBMITTED BY: Vijaya Sri. -2015038 Harsha A -2015039 Anjani Harika -2015041 Kadmisetty Sai Sreenadh- 2015042

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ACKNOWLEDGEMENT We would like to express our special thanks of gratitude to Dr. Nandini C.P who gave us the opportunity to do this project on the topic “Robbery & Dacoity – Still an unsolved Problem in India”, who also helped us in doing a lot of Research and we came to know about so many new things. We sincerely thank the respected professor, who helped us to gather various sources which we could give final shape to the topic under the study. She not only provided us with a platform to compile, but also guided us at all the levels. Secondly we would also like to thank the staff members of DSNLU, specially the computer lab staff, who helped us a lot in finalizing this project within the limited time frame.

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ABSTRACT In this group project researchers will explain about what is robbery and dacoity according to our present trend and how technology is useful for such people to do such acts. Every individual in this group has collected articles and journals which are available in legal & authorised websites and they connected those with present happening situations in the world. Moreover in this project we are showing about how the violence, intimidation or the threat of force leads to intent of a criminal offence i.e. here in the sense it is robbery & dacoity. This research also provides how and where robbery statutes distinguish between simple robbery and aggravated robbery. It consists how far the consideration of mens rea and actus rea taken on part of robbery as well as dacoity. The distinction of various provisions and legislations explaining regarding the robbery and dacoity under English law as well as Indian law. The case studies, reference articles and citation style methods will be followed according to our university research guide. The research mostly deals about the context of these crimes in India point of view and whoever goes through this project will definitely identifies the current problems and analysation in legal provisions under English and Indian law, More over the researcher mentions the definitions of the offences and punishments in robbery and dacoity which are stated in IPC. This paper discusses also about the most recent developments in the topic and sites a plethora of cases and authorities and gives a clear picture of the current position of the robbery & dacoity in the criminal law.

Research question:

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Is the definition & Punishments for “Robbery & Dacoity” stated in Indian penal code, 1860 are appropriate and applicable to current happening crimes? Method of Research: The researchers would like to do a doctrinal study about the topic by referring to various books and other available documents like judgments of landmark Common Law cases etc. The researcher would analyze the judgments of various Common Law cases and give a practical favor to the study. Assumption: The definition and punishments of these crimes Robbery and dacoity which are stated in the year 1860 should modify according current happening crimes. Scope and Limitation: The Scope of this research would extend to analyzing various tests for determining the liability of the robbery & Dacoity in Common Law by studying and understanding the various landmark judgments on the issue. The research would limit this project to not only foreign cases but also Indian cases respectively. Significance of the study This study would be a decent research work on the elements of robbery and dacoity in the criminal law. This paper would be helpful in understanding the principles related to then robbery and dacoity and would also give a practical knowledge about the interpretation of that element in the criminal courts. Objectives:The objective of this study is to  To study about various legal interpretations of the crimes Robbery and Dacoity.  To study the historic background of the Robbery & Dacoity in English Law as well as Indian law.  To study and understand the present legal situation related to Robbery & Dacoity. Data Analysis: Page | 4

This research contain systematically applying statistical and/or logical techniques of Robbery and Dacoity to describe and illustrate how those are effecting to increasing the crime rate day by day, and by that we can easily get to know about which part of legal provision should take place. Literature Review: Robbery – O’Hara Fundamentals of criminal The famous Minnequa Bank Robbery & Other robberies - By IVOR O. WINGREN: Some aspects & Incidents of Robbery: Washington Report:Robbery Violence- Philip J. Cook Aggravated Robbery: Texas Style by Luther E. Jones, Examining the expanding crime of robbery : Shannon Hoctor FORCE IN ROBBERY - Alec Samuels Bandits In India: An analysis of two and a half decades – by Sunil Baran Nath

CONSTRUCTIVE CHAPTERIZATION: Page | 5

Introduction- (Valid meaning of the topic & Researchers understandings according to legal provisions)……………………………………………………………………….. Meaning of Robbery & Dacoity ( With relevant case laws) ……………….. - Elements in the crime - Kinds of Robbery & Dacoity (Vijaya sri) - Position under Eng. Law & Ind. Law(Cases part: Srinadh & Harsha) Distinction b/w Robbery & Dacoity…(Harsha & Srinadh)……………………… Examining the expanding crime of robbery : Shannon Hoctor……(Harsha)…… Analysing the stages of crimes in commission of these crimes…(Vijaya sri)………….. Is robbery becoming more violent? - Philip. J Cook…(Srinadh)………… Role of police authority to control these crime………………………..(Anjani) Recent Issues & Cases…………………………(Srinadh)………………… (Comparison b/w Previous & Present generation commitment of crimes) Preventive steps taken to control these crimes …………(Srinadh)……………… Collective suggestions & Conclusion ……………………………………………………………….(Collective work) Bibliography & Other References ……………………………………………….

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Introduction: Before directly going to the answer of research question firstly we try to find the meaning and essential ingredients of crimes “Robbery & Dacoity” according to IPC and other valid definitions. According to Black’s law dictionary, Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.1 The word “Dacoity means an act of violent robbery committed by an armed gang more than 5 persons” 2 In the Article of Fundamentals of criminal law by charles,3 This article summarises that the robberies are gradually increasing each year and are the bank robberies have marked a remarkable position in the statistics and this gives a rough idea about the penalties in accordance with the Federal Bank Statute and explains about the punishments that are to be given to the robberies and especially for bank robberies. This also explains that people who rob banks would not be placed in simple categories and says that robberies are too serious crimes to be placed in simple categories. This also states the Robbery to be the most glamorous crime among all the other crimes when compared and the author finally concludes the article by saying that the criminals of the robbery must be held to death penalties and not any other punishment lesser than that as the robbery proves to be risky towards the victim. As per the Indian penal code, 1860 after its commencement the provisions of this code saying that- (Section 390 defines robbery as follows) - In all robbery there is either theft or extortion. 1 Thelawdictionary.org. (2016). What is ROBBERY? definition of ROBBERY (Black's Law Dictionary). [online] Available at: http://thelawdictionary.org/robbery/ [Accessed 21 sept. 2016].

2 Oxford Dictionaries | English. (2016).dacoity - definition of dacoity in English | Oxford Dictionaries. [online] Available at: https://en.oxforddictionaries.com/definition/dacoity [Accessed 2nd Oct. 2016].

3 1 Charles E. O'Hara Fundamentals of Criminal 314 1956 Page | 7

Theft is robbery when if, in order to the committing of the theft or in committing the theft, or in carrying away or attempting to carry away property obtained by theft, the offender for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt or of instant wrongful restraint. Extortion is robbery when if the offender at the time of committing the extortion is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, or of instant hurt, or of instant wrongful restraint to that person, or to some other person, and by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.4 Sant Prasad v. The State5: Section 390 has defined the offence of robbery and the relevant provisions of robbery as follows: "Theft is "robbery" if, in order to the committing of the theft, or in committing the theft or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end. voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint." Hence, it is indicative of the fact that theft would have become robbery only if in the committing of the theft or in order to the committing of theft or carrying away or attempting to carry away property obtained by theft, force was applied. Explanation: The IPC explains that the offender is said to be present if he is sufficiently near to put the other person in fear of instant death, or of instant hurt, or of instant Wrongful restraint. Illustrations: (a) Sreenadh holds Harsha down, and fraudulently takes Harsha money and jewels from Harsha’s clothes, without Harsha’s consent. Here Sreenadh has committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Harsha. Sreenadh has therefore committed robbery on harsha . (b) Anjani harika meets Sreenadh on the high road, shows a pistol, and demands sreenadh purse. Sreenadh, in consequence, surrenders his purse. Here Anjani has extorted the purse 4 Ncw.nic.in. (2016). [online] Available at: http://ncw.nic.in/acts/THEINDIANPENALCODE1860.pdf [Accessed 21 Oct. 2016].

5 AIR 1952 All 785 (A). Page | 8

from Sreenadh by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. Anjani harika has therefore committed robbery on sreenadh . (c) Sreenadh meets grace and Grace’s child on the high road. Sreenadh takes the child, and threatens to fling it down a precipice, unless Grace delivers her purse. Grace, in consequence, delivers her purse. Here Sreenadh has extorted the purse from Grace, by causing Grace to be in fear of instant hurt to the child who is there present. So here, Sreenadh has therefore committed robbery on Grace. (d) Sreenadh obtains property from Vijaya by saying – “Your child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees.” This is extortion, and punishable as such: but it is not robbery, unless Vijaya is put in fear of the instant death of his child. Thus, a theft becomes a robbery when the following two conditions are satisfied – 1. when someone voluntarily causes or attempts to cause death, hurt, or wrongful restraint or 2. fear of instant death, instant hurt, or instant wrongful restraint The above act is done 1. in order to the committing of theft or 2. committing theft or carrying away or 3. attempting to carry away property obtained by theft.6 Venu v. State of Karnataka7 In this case facts were that, The victim and some another person who his relative travelling on scooter at one late night and suddenly 3 Accused persons were stopped them and robbed 3 gold chains and 400/- of cash from them by threatning with a medium size knife.

6 Lexisnexis.in. (2016). Ratanlal & Dhirajlal’s The Indian Penal Code. [online] Available at: http://www.lexisnexis.in/ratanlal-and-dhirajlals-the-indian-penal-code.htm/ robbery def, [Accessed 21 Oct. 2016].

7 (2008) 3 SCC 94; AIR 2008 SC 1199 Page | 9

Consequently they also faced some injuries slightly and larged complaint in ponganuru police station . prosecution proved the case beyond the doubt Trail court & H.C. held that the accused committed the crime of robbery and believed according to prosecution evidences which fulfilled all the ingredients. S.C. accordingly punished the accused persons under the Sec. 396 robbery and upheld the conviction respectively. Sikander Kumar vs. State 8 The prosecution was that the two appellants pointed a knife at the complainant and took Rs. 50/- and drove away the auto of the complainant. Next day the accused were arrested in Nakabandi in presence of complainant. One independent witness turned hostile. The trial Court imposed punishment against Sikander Kumar and other accused. On appeal, the Delhi High Court set aside the conviction, opining that entire prosecution story was inherently improbable and unbelievable. It would be unsafe to place total reliance on testimony of complainant to base conviction as one independent witness turned hostile. 

Attempt to commit robbery:

Sec. 393 says that whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may extend to seven years and shall also be liable to fine. The offence under this Section is cognizable, non-bailable, non-compoundable, and triable by Magistrate of the first class. 

Voluntarily causing hurt in committing robbery:

According to Sec. 394, if the offender while committing robbery voluntarily causes hurt to the complainant, such offender shall be punished with imprisonment with life or with rigorous imprisonment for a term which may extend to ten years and also fine. The offence under this Section is cognizable, non-bailable, non-compoundable, and triable by Magistrate of the first class.

8 [1998 (3) Crimes 69 Delhi HC] Page | 10

The Elements of Robbery The penal codes of each state define robbery in different ways, but the definitions contain the same basic elements. Robbery generally consists of: The taking, with the intent to steal, of; the personal property of another; from his or her person or in their presence; against his or her will; by violence, intimidation or the threat of force. Essentially, robbery is theft accomplished by violence or the threat of violence. Since this element of force sits at the core of robbery, a vital question in a robbery prosecution concerns the timing of the violence. If, for example, the violence only occurs as the robber attempts to escape from the discovered scene of a theft, the charges brought might include larceny and resisting arrest, but not necessarily robbery9 Om prakash vs. State 10 In this case, the accused committed a high-way robbery. They looted the passengers of the bus. The trial Court imposed punishment for life. On appeal High Court upheld it. Kinds of Robbery: There are various kinds of robbery are in India . Bank robbery: Bank robbery is a crime of stealing from bank while bank employees are subjected to force violence or threat of violence. .Clarance and John anglin roberred the bank in Alahama USA. The 20th century , they were asked by the robbid banks , he was famously reported as answering because that is were the money is. 9 Legalservicesindia.com. (2016). The Elements and Stages of a Crime. [online] Available at: http://www.legalservicesindia.com/article/article/the-elements-and-stages-of-a-crime1228-1.html [Accessed 23 Oct. 2016].

10 (1978 CrLJ 797 All.) Page | 11

Chelmbra bank robbery : This robbery taken place in chelembra bank ,at Kearala .The robbers made a hold in floor of bank of kerala and got away with 80 Kilogrames of gold and 5,00,000 rupees total value in 80 million rupees . The court held that the crime accused was sentenced to 10 year rigorous imprisonment , remaining 4 members for 5 years of rigorous imprisonment. Delhi cash Van Robbery The driver of an Axis bank cash van deployed refill ATM’s made off with INR 22.5 crore worth cash on 24 November 2015 . When van was transporting money from the branch and driver took off with the cash boxes when guard stepped out for wash room break then robbery taken place . Aggravated Roberry : Aggravated robbery means the robber was armed with deadly weapon and has an accomplished or actually inflicted the serious injury to the people with the victim. There are two major elements in aggravated robbery – causing serious injury to another, having deadly weapons. For example , if a perpetual point of fake gun at victim and threatens to kill victim if he does not hand over his valet , the perpetrator can be changed with graved robbery even through the gun was not real . TRAIN ROBERRY : Train robbery is a kind of of robbery whether the goal is to steal money or the valuable carrying abroad in the train . For example the great train robbery was the robbery of substancial sums of money. From a loyal train heading between Glasgow and London in early hours Thursday 8 Auguest 1963 at Bridego Railway Bridge , Ledburn near Mentmore in Buckinghamshire, England. After lempling with the signals, a 15 strong gang of robbers led by Bruse attacked the train.

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ARMED ROBERRY: It means robbery committed while person accused is armed with dangerous weapon .For example, If a person molds at gun point of another person, person will be liable for armed robbery. Through he has not caused any harmed to another person. Among the types of robbery are armed robbery involving use of a deadly weapon or something that appears to be a deadly weapon .

Section 391 of the IPC explains about Dacoity – Dacoity is one of the oldest forms of crimes in India and is committed purely for the purpose of looting or extortion. Every dacoity is robbery. There is only slight difference between robbery and dacoity. Section 391 of Indian penal code says “when five or more person conjointly commit or attempt to commit a robbery or where the whole number of persons conjointly committing or attempting to commits a robbery and persons present and aiding such commission or attempt amount to five or more every person so committing attempting or aiding is said to commit dacoity”. It is punishable under section 396 of Indian penal code it says whoever commits decoity 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. (i) Five or More Persons: Under this section, the number of persons committing robbery must be five or more. Where the evidence showed that there were six robbers but at the trial three were acquitted, it was held that the conviction under this section is not sustainable. In the famous case of “Om prakash v state of Rajasthan”11, the Supreme Court ruled that where the charge of dacoity is against five named persons and out of them two are acquitted, the remaining three cannot be convicted for dacoity. 11 AIR 1998 SC 1220 Page | 13

(ii) Committing or attempting to commit robbery: Robbery becomes dacoity when it is committed by five or more persons. Even an attempted robbery by five or more person’s amounts to an offence of dacoity and the fact that the dacoits failed to remove any booty is irrelevant. (iii) Conjointly Committing: There should be conjointly committing of offence of dacoity word conjointly used in section 391 I.P.C means jointly. All the five persons should act in a concerned manner participating in the transaction. Proof of Dacoity: A dacoity begins as soon as there is an attempt to commit robbery. It is not necessary that the force or menace should be displayed by any overt act and it may be implied in the conduct of the mob12 Punishment U/Sec 395: Whoever commits dacoity shall be punished with imprisonment for life or which rigorous imprisonment for a term which shall not be less than four years nor more than years, and shell also be liable to fine. Jurisdiction of Court Offence u/sec 395, being triable by the Court of Session, magistrate section 30 had no jurisdiction to take cognizance of the same. 13 Arjun Ganpat Sandbhor vs. State of Maharashtra 14 FACTS: The driver of a truck was killed and the truck was taken away by the dacoits. This incident took place in the darkness. The Evidence of son of deceased, who was in the truck at time of the incident, is not free from doubt. He is categorically admitted that he used to have 12 Ratanlal nd dhirajlal; 34th ed., Inidan penal code , 1860, lexis nexis publication 13 (1995PrLj 1819) 14 2012 Indlaw MUM 266; 2013 ALL MR (Cri) 60; 2012 CRLJ 2974 Page | 14

forgetting tendency at time of incident. Test identification parade was not held according to guidelines prescribed under Criminal Manual. In the view of totality of the evidence accused was entitled to acquittal. Court held that - for committing the offence punishable under Sec 363 r/w sec. 34 of IPC and he was also sentenced to suffer life imprisonment for committing offence punishable under Section 396 of IPC respectively. The State vs Sadhu Singh and Ors. 15 FACTS: The four accused as well as one Kurda Singh five in all, armed with deadly weapons such as a rifle and a pistol committed a dacoity at the house of Gharsiram in the course of which they caused injuries to Gharsiram Jugalkishore, Basantilal and Sandal. They also relieved Santlal of a wrist watch and a shawl which he was carrying on his person but since there was a hue and cry which had attracted the attention of the villagers who collected at the spot the dacoits were not able to take away any booty with them However, when the dacoits were retreating, they were given a hot chase by the villagers and in order to have a safe retreat, one of the dacoits is alleged to have fired a shot as a result of which Dharma died. But the brave villagers also succeeded in capturing one of the dacoits. HeldTrail court was not convicted him and at last appeal to the supreme court, did not find any relevance to prosecution evidences and 396 of IPC and therefor appeal dismissed Satya Narain Choube vs. State of Madhya Pradesh 16 FACTS: It has been has found that these accused along with others (total 5 or more), committed dacoity in the house of Babulal. The dacoits exploded Bombs in the house beat the inmates of the house including ladies and looted them of their cash, ornaments and utensils. When the neighbours came to help the inmates of the house, on their hue and cry, the dacoits threw Bombs and one Bomb exploded at Chhedilal neighbour, who died as a result of this explosion and resultant injuries. The trial Court found that though the identity of other dacoits could not be established and they could not be arrested, yet they were more than 5 dacoits in all who participated in this dacoity. 15 AIR 1957 MP 47, 1957 CriLJ 641 16 1999 (1) MPLJ 478 Page | 15

Through the appeal as the prosecution proved to the supreme court and convicted him under the commitment of dacoity under sec. 390, 396 of IPC imposed imprisonment for life

In Saktu v. State of Uttar Pradesh 17it was alleged that apart from the named seven or eight persons, five or six committed dacoity. A large number of persons were acquitted because their identity could not be established. However, there was evidence that there were more than five persons who committed robbery in the house. So, the conviction under Sections 391 and 395 was sustained. In Lachhman Ram v. State of Orissa18, it was held that in a case of dacoity, the factum of recovery of articles at the instance of the accused persons in the presence of police officers and panch witnesses who have deposed to the same is itself sufficient to bring the case not only under Section 412 but also under Section 391 with the aid of Section 114, Evidence Act when the recoveries were made very soon after the occurrence and from places not open and accessible to one and all. In Ram Shankar Singh v. State of Uttar Pradesh 19 six persons were charged with committing dacoity. Three out of them were acquitted. The charges framed did not indicate that along with the six persons there were other unknown persons with them, who had committed dacoity.

Md Imamuddin & Anr. vs. State of Bihar 20 FACTS: The plea was to reduce the punishment for dacoity. Some were accused to commit dacoity in a running train. They were sentenced to undergo rigorous imprisonment for 7 years and 2 years for respective offences. The accused have remained in custody for substantial 17 [AIR 1973 SC 760], 18 [1985 CrLJ 753 (SC)] 19 [AIR 1956 SC 441], 20 2014 CRLJ 2436 Page | 16

amount of time, about 50 per cent of the punishment. Their punishment was reduced to half and which they have already passed the time in imprisonment. Held – Court did not accepted the plea of accused and dismissed the appeal. Dacoity with murder depends on facts and circumstances of the case Case Referred: Shyam Behari v state of Uttar Pradesh on 5 October, 195621 Facts of the case In this case an attempt to commit robbery the appellant killed one of the victims who had caught hold of the appellant’s associate. The appellant was convicted under section 396 for the offence of dacoity with murder. The appellant contended that he could not be convicted under section 396 IPC because any murder committed by the dacoits during their fight when they were running away without any booty could not be treated as murder committed in the commission of the dacoity. Held By understanding all the high court negative this contention and held that section 396 would be attracted even where an attempt had been made to commit dacoity and a murder was committed when the dacoits were trying to make safe retreat and confirmed the sentence of death passed by the session judge. The appeal of the accused was similarly dismissed by the apex court. In order to bring home the offence of dacoity with murder under section 396 it is not necessary to prove that in under was committed by any particular member of the gang or that it was a common intention of the gang to commit the murder or that other members of the gang expected the murder to take place. Nor it is necessary to prove that murder was committed jointly by all the members of the gang. All that is required to be established by the preoccupation is that the murder had been committed while committing a dacoity. Moreover court said that it is established then all the members of the aging who have committed dacoity are also equally liable for the murder under this section. (i) when prosecution failed to establish any nexus between death and commission of dacoity charge under section 396 will fail;

21 1957 AIR (SC) 320 Page | 17

Minimum sentence for Dacoity Section 397:- Robbery or dacoity with attempt to cause death or grievous hurt This section says if at the time of committing robbery or dacoity the offender used any deadly weapon or causes grievous hurt to any person or attempts to cause death or grievous hurt to any person the imprisonment with which such offender shall be punished shall be less than seven years. Niranjan Singh v. State of M.P.22 The accused persons had entered the shop of Babulal while he was in the process of closing. One shutter was already put and one shutter was still to be put. Accused entered the shop at about 9.15 p.m. and asked for a sum of Rs.1001/- from Babulal and asked him the reason why he had offered only two 'Ilachis' when the three persons had come to the shop the previous day. At that time injured Babulal and his brother Munnalal were present and they were settling the account. Babulal was having Rs.400/- in his hands. Ramsahay and Niranjan asked to hand over Rs.1000/-. On refusal of the Babulal, Ramsahay inflicted one injury on his right arm with a knife. Another injury was caused on left side of chest by knife. Niranjan Singh snatched the 400 rupees. It was alleged that one more boy was accompanying the accused persons whose name was not known. The incident was witnessed by Santosh Kumar and Jinendra Kumar. On medical examination of injured Babulal one injury was found on the left side of chest below the nipple and the other injury was on the left arm. Both the injuries were caused by hard and sharp weapon. The clothes of Babulal were seized which carried corresponding sign of insertion of knife. A knife was recovered from the possession of accused Niranjan. Accused Sitaram was put up for identification parade by Mulle Singh who was Sarpanch of the village. The money which was allegedly looted could not be recovered from the accused. The accused abjured the guilt. Accused Sitaram contended that he was falsely implicated in the case. Accused Niranjan took the defence that he was standing in front of the shop of Munnalal and accused Ramsahay was demanding money from Babulal which was due from him. On that altercation took place between Munnalal and Ramsahay and there was a scuffle. The accused intervened and separated the two. As the accused Niranjan sided with 22 ., 2007 Cri LJ 3523 Page | 18

Ramasahay, his name was also mentioned in the array of accused. Ramsahay took the plea that Rs.1050/- were due from Babulal on account of purchase of 'Char' which was payable to his uncle and when money was demanded an altercation took place. No incident of robbery took place. Knife was not recovered from him. Held – High Court was right in its view about the applicability of Section 397 IPC and seen that elements proven and convicted for seven years. Supreme Court dismissed the appeal and upheld the sentence given by High Court. DIFFERENCE BETWEEN ENGLISH LAW & INDIAN LAW: Under English law, The offence of robbery is contained in s.8 of the Theft Act 1968. In criminal law, robbery is a form of aggravated theft, in that it involves the offence of theft plus force or threat of force on a person. The maximum sentence for robbery is life imprisonment. Under s.8 of the Theft Act 1968 "a person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force."23 Let us go through some cases regarding English law point of viewR. v. Griffin,24 The Court has recognized robbery is a serious offence requiring emphasis of deterrence and denunciation. A first offender may expect a term of three years (R. v. Johnson25 at para. 37). However, in exceptional cases, less onerous sentences have been imposed. In R. v. Izzard (B.W.)26

23 E-lawresources.co.uk. (2016). Robbery. [online] Available at: http://elawresources.co.uk/Robbery.php [Accessed 23 Oct. 2016].

24 [2011] N.S.J. No. 622 25 2007 NSCA 102 Page | 19

"For many years, this court has consistently viewed robbery with violence and armed robbery as cases requiring strongly deterrent sentences. The cases refer to a minimum bench mark sentence of three years and occasionally going as low as two years." Recovery effected at the instance of accused not claimed by them, except one N who claimed that those were purchased by him under receipt. One of the PWs hostiled. The accused were convicted by the trial Court and it was confirmed by the High Court. The position the court has consistently taken with respect to robbery was set out in R. v. Leet 27

where Justice Chipman stated at [paragraph] 14:

"Robbery is a very serious offence, carrying a maximum punishment of imprisonment for life. The sentencing court is thus left with a very wide discretion as to the penalty in any given case. Rarely is a sentence of less than two years seen for a first offence and terms ranging up to six years are commonly imposed. In the more serious robberies, including those committed in financial institutions and private dwellings, the range has generally been from six to ten years." Making money the right way is the hardest, it is said. Robbery and dacoity may be easy, but more often than not the criminals are apprehended and the stolen goods recovered. In case of banks, the incentive to rob or pull off a heist is high, given the high amount of wealth available, but security measures are also rather high. In cases of bank robberies and heists, however, most cases are not reported to the media for two reasons. The reports disrupt any plans made by police and security officials to apprehend the robbers. Also, in a sensitive country such as India, it is a setback for the trust-building efforts of banks to channelize funds into mainstream banking. Another reason why most bank heists are not reported to the media is to prevent prospective thieves and robbers from gaining access to security details and prior plans. Here is a list of 6 bank robberies that were reported in the media either due to the methods used or due to the phenomenal sums involved.

26 Glube, C.J.N.S 27 (1989), 88 N.S.R. (2d) 161: 225 A.P.R. 161 (C.A.), Page | 20

R v. Bogle 2011 ,28 The accused was found guilty after a trial of robbing a convenience store while armed with a knife. He terrorized a female employee who was alone in her office. The robbery was committed in broad daylight in front of a number of customers. The accused had a very lengthy criminal record. Rideout J. sentenced the accused to 5 years' imprisonment. R. v. Conlon, 29, The accused, aged 19 at the time of the offence, pleaded guilty to robbery. He had left home after a fight with his father. Without trying to conceal his identity, he entered a gas station and demanded money while showing the clerk a knife. He took $400 and apologized to the clerk, stating that he was homeless and needed money to buy food. He did not threaten the clerk with the knife. The accused had no criminal record. He was raised in a strict, religious family and spent some time in the Canadian Forces before being dishonourably discharged. If he received a conditional sentence, he intended to reside with a supportive couple. Tufts Prov. J. found that the offence was not a serious personal injury offence. The accused's conduct did not involve the use or attempted use of violence and the clerk was not harmed. The gravity of the robbery was at the lower end of the scale. The appropriate sentence was 2 years less a day conditional. The accused was given 3 months' credit for pre-trial custody and was sentenced to a further 21 months' conditional. R. v. Hendsbee,30 The accused, aged 19 at the time of the offence, pleaded guilty to armed robbery and having his face masked with intent to commit an indictable offence. He entered a drug store while masked and armed with a knife, and stole $35 from the store clerk. The robbery was planned and premeditated. The clerk, who had been the victim of a robbery in the past, was traumatized and required psychiatric help. An elderly customer was present in the store at the time of the robbery. The trial judge imposed a conditional sentence of 2 years less a day on 28 CarswellOnt 5641, 2011 ONSC 4215, [2011] O.J. No. 2895 29 2011 ABPC 259, 2011 CarswellAlta 1500, [2011] A.J. No. 938, Daniel Prov. J. (Alta. Prov. Ct.) 30 2009 CarswellNS 548, 2009 NSPC 50, Tufts Prov. J. (N.S. Prov. Ct.) Page | 21

each count, the terms to be served concurrently, followed by 18 months' probation. The Crown applied for leave to appeal, arguing that a conditional sentence was inappropriate. The Court of Appeal dismissed the application, stating that no purpose would be served by granting leave to appeal as the accused's conditional sentence was terminated when he breached a condition of the conditional sentence order relating to drug rehabilitation. Coming to the Indian Context: Pothakamuri Srinivasulu @ Mooga vs State of Andhra Pradesh on 26 July, 200231 Facts: The accused took away the ear studs of the victim by cutting ear lobes. Some injuries happened and those lead to her death. She during declaration in which she named the accused was found by the court to be absolutely reliable. Issue is that accused pleaded the court that he is not intent to cause the death but court cannot satisfied with that accused plea and punished as per the provisons. Held- Seven years imprisonment punishment under this 397 sec. applicable and life imprisonment was awarded under sec 302 In Kissour Pater32 it was observed that imminent fear of death, hurt etc., will be sufficient to bring the Section 391 into operation. Where several persons attacked a house and took away property, but the imamates obtaining information before hand fled before the attack, it was held that the fact of the imamates running away was sufficient proof of fear of hurt and wrongful restraint and the accused were guilty of dacoity. Case Law: Shravan Dashrath Dartange v. State of Maharashtra, 33 Ss.452, 392 and 397 r/w s. 34-Test Identification parade not conducted- Effect ofAccused armed with pistol and knives-Entered the house of complainant and using threat of weapons took away cash and other belongings of the persons present in the house-Conviction and sentence by trial court- Affirmed by High Court-Appeal by two of the accused contending that identification of accused in court without conducting a test identification 31 2002 Cr. LJ 3569 (SC) 32 [(1867) 7 WR(Cr) 35], 33 (1997)2 Crimes 47 (Bom) Page | 22

parade renders prosecution case unreliable- S.397-Robbery- 'Offender uses deadly weapon'Connotation of- Plea that since it was not shown by evidence that deadly weapon was actually used or put into any use, s. 397 cannot be resorted to- S. 397 r/w s. 34-Out of the four accused one armed with pistol and others with knives-Plea that since one accused alone was in possession of pistol, others could not have been vicariously held liable u/s 397 with the aid of s.34(i)

There can be no quarrel that knife is a deadly weapon within the meaning of section 397;

Case Law: Bhure khan state of Madhya Pradesh,34 In this case the conviction of the appellant Bhure Khan rests purely on recovery of a torch and currency notes of the value of Rs. 235 found with him. The identification of these two articles is not satisfactorily proved as forming part of the corpus delicti. Chakradhar Singh failed to identify Bhure Khan at either of the two identification parades and his identification in court will not help the prosecution. So far as the torch is concerned it is a very common article and no particular mark appearing thereon has been indicated as-enabling Chakradhar Singh to identify as belonging to him. As regards the currency notes it is true that these have not been claimed by Bhure Khan as his money but till these notes are established for be the subject matter of the dacoity which occurred at Chakradhar Singh's place the appellant is not called upon to plain its possession. For these reasons would be difficult to maintain the conation of Bhure Khan. The appeal is therefore allowed and the appellant is quitted of the charge under Sections 397 I.P.C. and 395, I.P.C. Case Law: Wakil Singh v. state of Bihar, 35 Facts of the case The case arose out of a dacoity said to have been committed in the house of the complainant, PW- Darbari Sao on the night of 24th May, 1965 at about 8.45 P.M. some unknown persons including the appellants entered the house, assaulted inmates, killed one of them and looted away properties worth thousands of rupees. There is no clear evidence to show that the deceased Kameshwer Sao was actually killed by one of the dacoits in the 34 AIR 1982 SC 984: (1982) CR LJ 818: (1982) SCC (Cr) 128 35 (1981) BLJ 462 Page | 23

course of the dacoity. Although his dead body was found but the prosecution has not been able to establish any nexus between his death and the commission of the dacoity or even his injuries. In these circumstances it is obvious that charge under Section 396 must fail.

Held The trial court refused to act on the evidence of PW 2 also because this appellant was identified only before the committing court and not before the Sessions Court. Thus the only evidence against Wakil Singh consisted of PW (PROSECUTION WITNESS). In the instant case mentioned that none of the witnesses in their earlier statements or in oral evidence gave any description of the dacoits whom they have alleged to have identified in the dacoity, nor did the witnesses give any identification marks viz., stature of the accused or whether they were fat or thin or of a fair color or of black color. In absence of any such description, it will be impossible for us to convict any accused on the basis of a single identification, in which case the reasonable possibility of mistake in identification cannot be excluded. The High Court however has chosen to rely on the evidence of a single witness, completely over-looking the facts and circumstances. The High Court also ignored the fact. Since the High Court was reversing an order of acquittal, it failed to take into consideration the fact that having regard to there being only one witness who identified the accused concerned, the view taken by the trial court could not be said not to be reasonably possible. For these reasons, therefore, we are clearly of the opinion that the appellant who had been identified by only one witness must be acquitted. Thus fully satisfied that this was not a case which called for the interference of the High Court against the order of the acquittal passed by the Sessions Judge. The appeal is accordingly, allowed and the appellants acquitted of the charges framed against them. Krishnan Dan Singh who was on bail will now be discharged from his bail bonds and other appellants are directed to be set at liberty forthwith. The witnesses identified the dacoits in test identification had not given any description of the miscreants in their case diary statements. Only one witness was able to identify the accused and this was a reasonable ground for non-acceptance of the evidence as possibility of mistake in identification could not be excluded. Other case laws:

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K.M.lbrahim alias Bava v. State of Karnataka, 36 In this case, Some dacoity has committed by the accused people and finally appealed before the Supreme court Then court held that when the presence of accused persons recoveries of different items of an incriminating nature from each of them are sufficient to establish that all of them conjointly participated in the offence of dacoity with murder, therefore their conviction under section 396 is liable to be confirmed K.M. Ibrahim alias Bava v. State Lakshimsher Das.37 In this case, prosecution proved that one of accused persons committed grevious dacoity with lesser age people than him and prayed death punishment for that act But court on considering special facts of the case. i.e. the age of accused and their status in life as also their antecedents, Sentence of 10 years R.I in place of sentence of life imprisonment would meet the ends of justice State v. Lakshmisher Das,38 In this case court held about the circumstantial evidences In circumstantial evidences utter importance is of linking of chain, as soon as the chain of link is broken the value of circumstantial evidence gets reduced; Kunwar Lal v. State of Madhya Pradesh, 39 In this instant case prosecution proved that dacoity was committed by accused and all the elements are satisfied. In this case the court held that-

36 2000 Cr LJ 197 (Karn). 37 1999 Cr LJ 197 (Karn). 38 , 1999 Cr LJ 2893(Karn). 39 1999 Cr LJ 3632 (MP). Page | 25

When it is evidentially proved that accused were participating in loot and murder during transaction of offence, each of them is liable to be punished under section 396 Once Refer to the punishment: Punishment-Rigorous imprisonment for not less than 7 years -Cognizable –Nonbailable-Triable by Magistrate of the first class–Non-compoundable. An act would only fall within the mischief of this section if at the time of committing robbery or dacoity the offender-uses any deadly weapon; or causes grievous hurt to any person; or attempts to cause death or grievous hurt to any person;

By understanding the English law like theft act, 1961 has more grave punishments than Indian law which does not establishes special statute in these crimes and having lesser punishments compare to the English law respectively.

DIFFERENCE BETWEEN ROBBERY AND DACOITY. Coming to the offence of robbery is defined in section 390 IPC and as is cleat from a perusal of the said section even a theft is robbery If during its commission the offender voluntarily causes or attempts to cause to any person death or hurt or wrongful restrain or fear of instant death or of instant hurt or of instant wrongful restrain. Whereas robbery is punishable under section 392 IPC and dacoity is punishable under sec 395 of IPC. 40 ROBBERY Number of Persons:

DACOITY Number of Persons:

In Robbery the numbers of persons are less In dacoity, the number of persons are five or than five. It may be committed by a single more. person. Seriousness:

Seriousness:

Robbery is less serious in nature.

Dacoity is more serious offence than robbery because of the terror caused by the presence

Position of Abettors:

number of offenders. Position of Abettors:

40 (1993 SCMR 1058). Page | 26

In

Robbery,

the

abettors

are

liable In dacoity abettors who are present and

independently.

aiding when the crime is committed are

Jurisdiction of Court:

counted in the number. Jurisdiction of Court:

Robbery may be triable by the illegal Dacoity shall be triable by the Court of magistrate. PUNISHMENT:

Session. PUNISHMENT:

Whoever commits robbery shall be punished Court while convicting a person u/sec 395, with rigorous imprisonment for a term which P.P.C,

can

shall not be less than three years, nor more imprisonment than ten years and shall also be liable to fine.

either for

sentence life

or

him

to

to

rigorous

imprisonment which cannot be than four years or more than ten years in addition to fine

(VI)Position in Highway: 

If robbery is committed on the highway, the imprisonment may be extended to



fourteen years. The fact that the Dacoity is committed on the highway does not change the position or punishment.

EXAMINING THE CRIME OF ROBBERY – Shonnon Hoctor41 This article explains law as an extremely serious crime. This also further states that the robberies are not only troubling people, but also the government of many countries. The author says that robbery is also a kind of theft that contains some amount of violence in it and also proves that the robbery is a combination of theft and assault. This also gives a rough idea about robbery through a case law in which the robber displays greater ruthlessness that a thief victim’s life would be in danger while in an encounter with robber and not the thief. This proves that robbery is a very serious offence and also states the robbery would be successful only if a force is applied over the victim and so the robber definitely uses some force upon the victim that makes it a serious offence and suggests that the criminal committing this crime should be punished with a harsher punishment. This article concludes by stating about the serious nature of robbery and the punishments for the robbery must be more severe. 41 25 S. Afr. J. Crim. Just. 361 Page | 27

ANALYSATION OF STAGES OF CRIME: There are four stages of crime. They are: Intention, Preparation, Attempt, Act/ Commission. (i) Intention - It is the first stage of a crime robbery Intention to do robbery or dacoity means guilty intention of a person / persons against another person, it helps a person to design to commit the offence. Here the term intention means bad/evil intention because if one person has no bad intention then he can not commit crime Robbery or Dacoity.42 (ii) Preparation- It is the second stage of the crime robbery It is the device or arrangement of the means or measures necessary to complete the offence robbery & dacoity. Suppose in the case of robbery, the person who wants or intent to do robbery his further step is to prepare himself for that commitment of the crime robbery & dacoity. (iii) Attempt- It is the third stage of a crime of robbery Here the term attempt means direct movement toward the commission of the crime robbery & dacoity after the preparations are made. It is very important that there must be attempt to commit a crime because it helps the judge of a court to convict a offender. If there is no attempt then a judge cannot convict a offender because he cannot look into the heart or mind or the individuals. (iv) Action- It is the final stage of commit the crime robbery The final stage and last thing done by person after crossing all the stages whith all intention, preparation, attempt & Commit the crime robbery & dacoity As was held in Amrish Devnarayan Rajput vs The state of Gujarat :43, to prove the element of dacoity, the prosecution is supposed to establish following facts:1. involvement of five or more persons as an accused in the commission of the offence, 42 Gumur.com. (2016). [online] Available at: http://www.gumur.com/All%20PDF %20Files/Denasar%20Boro%20Article.pdf [Accessed 22 Oct. 2016].

43 2006 CriLJ 876 Page | 28

2. commission of the offence or an attempt to commit the offence must be conjoint; So, the intention of five or more persons/accused should be of committing a robbery or to make an attempt to commit robbery. Dacoity is an offence which the legislature has made punishable at four stages, 1. assembly for the purpose of committing dacoity. Each of the person so assembled, is guilty under Section 402 of IPC; 2. making preparation for committing dacoity. Anyone who makes preparation for committing dacoity is punishable under Section 399 of IPC; 3. an attempt by five or more persons (including the persons who aids such an attempt) to commit dacoity; and 4. actual commission of robbery by five or more persons (including those who aid such commission).44 IS ROBBERY BECOMING MORE VIOLENT? - Philip J. Cook45 Robbery becoming the more violent day by day because of the circumstances and the needs of the man mentally creating this intention to commit the Robbery. From time to time public concern is enhanced by reports that robbers are increasing and become more violent these days respectively. As per the FBI and SHR reports produced by the police, 1973 was the landmark year. Those reports conclude that until the year if 1973, there has been a significant raise in the crimes that were committed and thereafter there was no increase in the robbery rates. These reports also say that in the year of 1981, there was a substantial reduction in the robbery murderrobbery ratio and also raised a fear that there may be a new type of street criminals who cause more serious injuries and deaths in robberies. But the recent trends are pointing out in another direction saying that the killing the victim of robbery has become out of the trend. This also stated that as per the results recorded by the police; it has been proved that there was higher fraction of crimes that were recorded in the year 1980 than that took place in the 44 Bandits in India: “Available at hein online” 45 76 J. Crim. . L. & Criminology 480 1985. Page | 29

mid 1070’s.This also reflected the overall increase in the propensity to report robberies to the police. Moreover he explained that the SHR (Supplementary data collection of homicide report) to the FBI showed that how much the crime has increased all over the US country and how its effecting the every country and its impact is more to the world. Once we go through the actual article which was written by him, we can clearly understand the graphical ways to examining the increase ment of crime and expansion of this robbery throughout the world respectively. Then he concludes the article with the clear cut generated SHR & FBI reports and observed that 1973 is the turning point where this crime turns into more grevious in the society of US and effecting all over the world. ROLE OF POLICE AUTHORITY TO CONTROL THESE CRIMES: Understanding the role of police turns out to be one of the major establishment of the existence of robbery and dacoity.46 In India, when a Police Officer talks of an hereditary criminal he generally means a member of one of the many tribes, castes or sections of castes which for generations, per- haps for centuries, have been addicted to some form of acquisi- tive crime as their main source of livelihood. The criminality of such. people is certainly hereditary in the sense that the children are trained from infancy to adept in the particular form or forms of crime to which their class is addicted. Many of them are criminal because under the rigid Hindu caste system they have never for centuries been allowed a dog's chance of entering into any occupation conducive to selfrespect or sufficiently profitable to sustain life in honesty. Others are habitual criminals by choice, with no handicap of caste inferiority to justify their criminality. Others, and these perhaps the most difficult material of all for reformatory work, are the gipsy tribes, whose heritage of predatory vagrancy is older perhaps than the Indian caste system. When crime has once become the main source of livelihood of a community, it is looked 46 1 Police J. 105 1298 Page | 30

upon as a social obligation on the males, and as everything good or evil appears to have a presiding deity in the Pantheon of India, the members adopt the particular god or goddess reputed to favour their form of criminal enterprise, and crime becomes a religious obligation too. The term hereditary criminal might be justly applied to many not so classed by the police, whose criminality occurs as an occasional interlude to lawful and fairly profitable labour. The crime of dacoity, which means gang robbery by five or more persons, was, when I had charge of the Bengal Criminal Investigation Department, most rampant in the district of Backergunge, a district running along the estuary of the Meghna River, where harvests are abundant and famine is practically unknown. The dacoities in this district were generally the work of Mohammedan agriculturists, men of remarkably powerful physique, with no particular urge to crime beyond a turbulent spirit, which they doubtless inherit from marauding ancestors. The Criminal Tribes Act of 1911 empowered Local Governments to declare any tribe, gang or class addicted to the systematic commission of non-bailable offences to be a criminal tribe, and to direct the registration of the members of such tribe, and to compel them to report themselves at fixed intervals and to notify residence and change of residence or absence or intended absence from residence. Powers were given to the Governor-General in Council under Section 12 of the Act, on recommendation of a Local Government, to direct that any such tribe should be restricted in its movements or settled in a place of residence, and any tribe against which a notification under this section had been published might be placed in an industrial, agricultural or reformatory settlement established under the Act. Further powers were given to Local Govern- ments to separate and remove from their parents or guardians the children of any criminal tribe and to place them apart in industrial, agricultural or reformatory schools. Sir John Hewett, Lieutenant-Governor of the United Provinces from 1907 to 1912, initiated the idea of enlisting the aid of the Salvation Army for the management of industrial and agricultural settlements established under the Act. In 1917 I visited one of the S.A. settlements in Cawnpore, where I found Haburahs and MaghAyiya Doms working in connection with one of the leading boot factories of the city, which had large contracts for the

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supply of boots to the British and Indian Armies. For the time being at least the untamables had been tamed into work that contributed towards the winning of the war. Though the Salvation Army was the first philanthropic religious society to undertake the work of reclamation, they no longer have the monopoly. In the Punjab nine other societies, one Christian and the remainder Indian religious societies (Hindu and Mohammedan), have since been co-opted for the purpose. Many police officers of the old school are doubtful of the possibility of these experiments ever leading to permanent reclamation. I think they looked for miracles, disregarding the facts that the first to be taken in hand were the toughest of all the hereditary criminal tribes, and that those who undertook the work relied on patient and prolonged persuasion, drastic punitive measures being no part of their method. If they have not worked miracles, they have in many cases worked wonders. The extension of such experiments to all the hereditary criminal classes of India, whom Commissioner Booth-Tucker in a pamphlet issued about fifteen years ago estimated roughly to number about three millions (perhaps a very low estimate), would call for expenditure unthinkable to the Financial Secre- taries of Governments ; but I am convinced that were the money and suitable agency available the bulk of the so-called hereditary criminal tribes of India would be found to be reformable. The big crime of the country is not as a rule committed by these people. RECENT CASE LAWS: Anil S/o Lilachand Sarjare V. St. of Maharastra,47 About 11 p.m, the complainant Imran Khan, was returning home and he was stopped by four persons on a motorcycle who demanded his mobile phone. When he refused to part with it, one of the robber dealt him a knife-blow on his abdomen. Imran Khan raised an alarm which caught the attention of passers by. Imran Khan succeeded in catching hold of one of the culprits but the others fled away. Police arrived on spot and interrogated 1st accused and through investigation they also found 2nd accused and seized motor bicycle and knife. One day the accused also travelling on bicycle and he also caught by police and arrested.

47 2012 Indlaw MUM 36; 2012 ALL MR (Cri) 2197 Page | 32

Trail Court examined 12 witnesses and convicted 1st accused under sec. 397 r/w 34 and 307 r/w 34 of IPC for seven years imprisonment and 2 other accused people were acquitted due to lack of evidence. By appeal to the High court of Bombay, The appellant-accused was convicted for an offence punishable under S.394 r/w S.34 of the IPC and sentenced to suffer Rigorous Imprisonment for two years and to pay a fine of Rs.500/-(Rs. Five Hundred Only), in default of which he was to suffer Rigorous Imprisonment for one month.

Rajesh @ Rajbir v. State48 on 11 March, 2010 The brief facts of this case are as follows the complainant filed a complaint alleging that while he was boarding a bus to go someplace that day, he was surrounded by 3-4 boys who started manhandling him and that one of them removed Rs. 5,300 /- which he was carrying in the pocket of his pant. When the complainant tried to hold his hand to stop him, the boy handed over the money to his associate. One of the removed the complainant’s purse which was kept in his hip pocket. The boy, who the complainant had dragged out, then pulled out a knife and gave a blow to the complainant’s left knee, as a result of which he fell down. The complainant, despite being injured, managed to catch one of them. He was also dealt a knife blow on his back by one of the boy’s other companions. In the that situation PCR officials who had witnessed the incident from the other side of the road came to the complainant’s aid. Seeing this, the other boys ran away. The person, whom the complainant Vedpal had apprehended is the appellant Rajesh. He was identified as the person who had dealt a knife blow to the complainant’s knee and a knife and some of the complainant’s money were recovered from him. The prosecution examined 14 witnesses in support of its case, including the PCR officials and the driver and conductor of the bus, while the defence examined none. The trial court, after considering the evidence, convicted the appellant under S. 394 r/w S. 397 of the IPC. The appellant was awarded the minimum prescribed punishment of seven years for his offence of robbery. The appellant has challenged his conviction by the Trial Court through this appeal case. The contentions of the appellant are mainly based on two grounds, which are highlighted below. 48 2014 (1) ACC 359 Page | 33

Held: SENTENCING The High Court of Delhi dismissed the appeal and upheld the sentence of the Trial Court in sentencing him to the minimum prescribed punishment of seven years imprisonment. It also upheld the fine imposed on the accused by the Trial Court. However, on default of the payment of the fine, the High Court reduced his sentence to 15 days rigorous imprisonment instead of three months as was declared by the Trial Court.

State of Karnataka v. David Rozario,49 The deceased had three children who reside abroad. She was staying alone in her house in the evening of the incident . A maid-servant Tayarmma was working in her house and also worked in the house of Mrs. Joyce, wife of Holmes. The maid servant as usual served coffee to the deceased and went out for work. Around 8pm she was return for serving tea to the deceased .When she was near the house of the deceased, she saw the electric lights in the house of the deceased were burning, and also noticed that the front door of the house was closed. While the back door was open she entered the house of the deceased through back door and came to the hall, where she saw the deceased sitting on a chair with blood all over the body. The deceased had sustained head injury, which was bleeding. The maid servant ran out screaming to the house of Mrs. Joyce and brought her husband along with her to the house of deceased. They also called some another person. They took the deceased in injured condition to the Nursing Home of Bikram Chand. Since the deceased had sustained injuries on the head, in spite of treatment she could not regain consciousness and passed away around mid-night. Police was informed and First information report was accordingly recorded and investigation was undertaken. On the day of incident information was gathered by the Investigating Officer about one tape recorder which was missing from the house of the deceased. The tape recorder was of foreign make. It came to light that the said tape recorder was gifted by her daughter to the deceased. Some days after the date of the incident the accused persons were arrested in another case of theft of a T.V. set. Accused No. 2 led the Investigating Officer and others to a shop where Dilip Ghodke, the owner of the shop was asked to bring the tape recorder which accused had sold to him, after redeeming the same from the pawn broker Mohammed Ilyas. Relevant pawn ticket receipts were seized by the Investigating Officer. On the basis of the information given by the accused persons recovery was made of the weapon i.e. an Iron Rod. 49 2002 Cri LJ 4127. Page | 34

Held:The Additional Sessions Judge on the basis of evidence on record found the accused appellants guilty under Section 302 r/w Section 34 and Section 392 r/w Section 34 of the IPC, 1860. They were sentenced to undergo imprisonment for life and rigorous imprisonment for a period of 5 years respectively for the aforesaid two offences. But, the Division Bench of the Karnataka High Court set aside the conviction and State filed an appeal in the Supreme Court to set aside the decision of respective High Court. In Phool Kumar. v. Delhi Administration 50case, it was observed as follows: “When the offence of robbery is committed by an offender being armed with a deadly weapon which was within the vision of the victim so as to be capable of creating a terror in his mind, the offender must be deemed to have used that deadly weapon in the commission of the robbery. On the other hand, if an offender was armed with a deadly weapon at the time of attempting to commit a robbery, then the weapon was not put to any fruitful use because it would have been of use only when the offender succeeded in committing the robbery."

PREVENTIVE STEPS TAKEN TO CONTROL THESE CRIMES51: As per the article review of center on the administrative of criminal justice , the author tries to describe the prevention and control of Robbery. He says that the major cause of fear and concern about the crime in US is Robbery. It involves muggings, yokings, stickups and other ways in which the criminal seek to take property by use of force or fear instantly. Main thing for the author writing this article is, In the city of Oakland in US was one of the highest robbery rate in the American country and other than that 25% of chain snatches and purse snatches 50% cases are usually resgister all over the city respectively especially over 36 streets of that state.

50 1975 AIR 905, 1975 SCR (3) 917 51 13 Criminology 1975-76 Page | 35

According to the US foreign crime rates, the robbery committed by the women are increasing day by day. Male victims are increasing primarily because young males were robbed whiole in the vicinity of late hour bars or areas of prostitution. He mentioned certain preventive steps like theBy ascerting proper alarm and siren systems and improving physical security, increasing the store visibility and the amount of lighting, Advertising that your business uses tiome - delay safes, CC T.V. recordings, armored couriers, Security guards etc., The one more thing explained here in this article is that creating employee awareness and training programs52

Observation & Conclusion : The main thing the researchers observed in this project by through various cases, observation is about the changes in the society i.e. changes in the people, changes in the development, technology, and improvement in education of electronics and experts in science usage. Since the punishment is there for the crime Robbery & Dacoity according to IPC and all people know it’s an punishable offence but still commission of the robbery & dacoity happening in our society. That means we have to improve the law in which the criminal intention may takes place but criminals should have fear to commit that act on the another person’s property. We can observe the punishments and main thing is fine, The robbery or dacoit has intention to commit the crime, when he has more benefits than the losses and society has developed. When law is weak in the current situation happening crimes there is more chance to increase in the crime rate i.e. increasement in robbery & dacoity. When we compare to the English law which establishes theft act for separately and punishes the criminal severely with death penality there are more chances to reduce commit the crime in our country also. So, the definition stated in 1860 is not appropriate for present generation and should be modify according to the new generation crimes and legislature should increase the punishment and procedure also. That’s why researches came to conclusion that “if we want to 52 13 CRIMINOLOGY 102 1975-76 Page | 36

reduce the crime rate of Robbery & Dacoity, Govt. should establish either the special statute like theft act in Eng. law or either it should increase the punishments in IPC and amend the sections in Cr.p.c. like issuing no bails against these crimes”.

BIBILOGRAPHY: Books referred: Criminal Law - Smith and Hogan & David Ormerod (OUP) Text, Cases and Materials on Criminal Law - Smith and Hogan David Ormerod and Karl Laird (OUP) Indian Penal Code - HS Gour - Law Publication Indian Private Limited Indian Penal Code- Cases and Material - KD Gaur - Lexis Nexis IPC- Ratanlal and Dhirajlal 34th Ed. - Lexis Nexis

Used data bases: West law India – for the purpose of cases Login.westlawindia.com.elibrarydsnlu.remotexs.in. (2016). User Login | Damodaram Sanjivayya National Law University. [online] Available at: http://login.westlawindia.com.elibrarydsnlu.remotexs.in/maf/wlin/app/search/subsearch? frt=rajbir&srguid=i0ad69f8e00000157f3e8f7f4b15013d9&snippets=&context=85&hash =-1693984482&crumb-action=replace&crumb-label=Search+Results [Accessed 24 Oct. 2016].

Hein Online – for the purpose of articles Heinonline.org.elibrarydsnlu.remotexs.in. (2016). User Login | Damodaram Sanjivayya National Law University. [online] Available at: http://heinonline.org.elibrarydsnlu.remotexs.in/HOL/Welcome [Accessed 24 Oct. 2016].

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