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2019 6 1501 37962 Judgement 07-Sep-2022
2019 6 1501 37962 Judgement 07-Sep-2022
VERSUS
J U D G M E N T
Hrishikesh Roy, J.
Leave granted.
of Madhya Pradesh.
Digitally signed by
SNEHA
Court under Section 411 of the Indian Penal Code, 1860
Date: 2022.09.07
17:27:42 IST
Reason:
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For such conviction, the appellant was sentenced to
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6. The prosecution’s case, as revealed from the
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property. It is the further case of the prosecution
through the seizure memos (Ext. P-4 and Ext. P-5). Both
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Section 411 of the IPC was affirmed on appeal, by the
Counsel’s Submissions
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of Assam1 for sustaining the impugned conviction where
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placed reliance on Nagappa Dondiba Kalal v. State of
as under: -
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12. In this case, although recovery of items was made,
IPC.
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14. “Dishonestly” is defined under Section 24 of the
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causing wrongful gain or wrongful loss. It is
not necessary that there should be an intention
to cause both. On the analogy of this
definition, it might be said that either an
intention to secure a benefit or advantage on
the one hand, or to cause loss or detriment on
the other, by means of deceit is an intent to
defraud.”
But, he found in that case that both the elements
were present. Benson, J. pointed out at p. 114:
“I am of opinion that the act was fraudulent not
merely by reason of the advantage which the
accused intended to secure for himself by means
of his deceit, but also by reason of the injury
which must necessarily result to the University,
and through it to the public from such acts if
unrepressed. The University is injured, if
through the evasion of its bye-laws, it is
induced to declare that certain persons have
fulfilled the conditions prescribed for
Matriculation and are entitled to the benefits
of Matriculation, when in fact, they have not
fulfilled those conditions for the value of its
examinations is depreciated in the eyes of the
public if it is found that the certificate of
the University that they have passed its
examinations is no longer a guarantee that they
have in truth fulfilled the conditions on which
alone the University professes to certify them
as passed, and to admit them to the benefits of
Matriculation.”
Boddam, J., agreed with the learned Chief
Justice and Benson, J. This decision accepts the
principle laid down by Stephen, namely, that the
intention to defraud is made up of two elements,
first an intention to deceive and second the
intention to expose some person either to actual
injury or risk of possible injury; but the
learned Judges were also inclined to hold on the
analogy of the definition of “dishonestly” in
Section 24 of the Code that intention to secure
a benefit or advantage to the deceiver satisfies
the second condition.”
15. To establish that a person is dealing with stolen
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enough to prove that the accused was either negligent
16. On the above aspect, Mr. Gopal Jha for the State
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under Section 411 of the IPC. Moreover, the appellant
17. The learned counsel for the State next points out
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conscious that the goods seized from his shop, were
stolen articles.
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aware that the goods seized from him were stolen
property.
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by PW-24. Noticing all these discrepancies, the seizure
against him.
5 AIR 1954 SC 39
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23. That apart, the disclosure statement of one accused
6
William Shakespeare. Merchant of Venice, Act 1 Scene 1.
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Cork Manufacturing Co7., the exercise of extraordinary
………………………………………………………J.
[K.M. JOSEPH]
………………………………………………………J.
[HRISHIKESH ROY]
NEW DELHI
SEPTEMBER 7, 2022
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