Indian penal code

bhupender sharma (Querist) 30 December 2009 This query is : Resolved
If the accused has been acquitted on the charge of 406 IPC clearly be convicted under section 411 IPC of the same property.

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Devajyoti Barman (Expert) 30 December 2009
Both offences u/s 406 & 411 IPC having set different type of offences there is no impediment in law to convict a person u/s 411 IPC even if he gets acquitted of the charges u/s 406 of IPC.

Raj Kumar Makkad (Expert) 31 December 2009
It is quite possible

Kiran Kumar (Expert) 31 December 2009
i agree with Mr. Barman.

the accused can be convicted for offence under S.411 even if acquitted under S.406 IPC.

however the catch point is there have been few judgment which would say the theft of the articles must have been proved prior to convict a person u/s 411 of IPC.

adv. rajeev ( rajoo ) (Expert) 31 December 2009
I follow the answers of learned members

bhupender sharma (Querist) 31 December 2009
I agree with the opinion of the Ld. Experts but the issue is that the person has been allegedly entrusted with the raw gold of 3 K.G but to that effect there is no evidence and the complainant himself in his chief and cross examination has categorically admitted that the property was entrusted to his brother and the recovery witness has categorically stated before the court in xxxx examination that nothing was recovered form the safe except some documents.

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