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Delhi HC: For Conviction under Sec. 397 Of IPC, use of Deadly Weapon must be proved

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Delhi High Court Law Insider

Ambika bhardwaj

Published On: January 29, 2022 at 18:10 IST

The Delhi High Court in the Case of Asif v. State (N.C.T Of Delhi), has shifted a man’s Conviction and Sentence from Section 397 of Indian Penal Code to Section 392 because the Prosecution failed to establish the use of a Dangerous Weapon.

Justice Mukta Gupta held that the Prosecution must prove that the nature of the Weapon was Deadly or Dangerous.

The Court assessed the Appellant’s nominal roll, which revealed that he was in Prison for approximately 3 years and 9 months, including Remissions, and that he was involved in four other FIRs, three of which were for similar Offences.

The Court was hearing a Petition lodged by Asif questioning the Judgement dated 5th July, 2019 Convicting him for an Offence punishable under Section 397 of the Indian Penal Code and the Order on sentence dated 17th July, 2019 instructing him to undergo through a Seven Year Jail Sentence.

The FIR was filed under Sections 392, 397, and 34 of the IPC based on the Complainant’s statement, which stated that on January 9, 2015, the Appellant and a Co-Accused robbed him of his mobile phone by showing him a Deadly Weapon, which was blade.

The Court stated the following-

“If the Offender utilises a Deadly Weapon while committing Robbery or Dacoity, which includes even the fear of Instant Death, Instant Hurt, or Wrongful Restraint, or an Attempt to cause Death, Hurt, or Wrongful Restraint even while carrying away or attempting to carry away the property obtained by Theft, the Offender’s act will come under Section 397 of IPC”.

Further, it was held by the Court that because the size and sharpness of the blade were not proven by the Prosecution Witnesses, the Prosecution failed to justify that the Appellant used a Deadly Weapon.

Hence, the Petition was Dismissed by the Court.