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Judgment
A.R. Somnath Iyer, C.J.—The accused were charged with only two offences punishable under 8s. 457 and 380 of the Penal Code, but, there was no conviction with respect to any of those offences and instead there was a conviction in respect of an offence punishable u/s 414 of the Penal Code. That offence is committed only if a person assists in concealing or disposing the property which he knew or had reason to believe to be stolen property.
Although, the chargesheet stated that an offence u/s 414 of the Penal code had also been committed by the accused, the Magistrate framed no charge with respect to that offence. That being so and since the ingredients of an offence punishable u/s 414 are not the ingredients of an offence punishable u/s 380 or 457 of the Penal Code, and since there can be no conviction u/s 414 of the Penal Code unless the accused voluntarily assist the concealment or disposal of property which they knew or had reason to believe to be stolen property, and the petitioners in the present case bad no opportunity to meet any such charge. I allow this revision petition and get aside the conviction of the petitioners and the sentence imposed on them.
The fine, if paid, will be refunded.