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july 2002

Supreme Court of India · 2002-07-23

K. Venkateshwara Rao @ Venkatal @ I. Rao vs State Rep. By Inspector Of Police, A.P.

Citation / case number
2002(2)ALD(CRI)272
Court
Supreme Court of India
Petitioner
K. Venkateshwara Rao @ Venkatal @ I. Rao
Respondent
State Rep. By Inspector Of Police, A.P.
Author
Santosh Hegde
Bench
N. Santosh Hegde, D.M. Dharmadhikari

Judgment text excerpt

The appellant challenged a conviction under Section 412 of the IPC (dishonestly receiving stolen property) after being acquitted of charges under Sections 302 and 396 (dacoity with murder). The core legal issue is whether a conviction for receiving stolen property can be sustained when the primary charge of dacoity, upon which the property's 'stolen' status is based, has been disbelieved by the court. The appellant argued that without establishing the underlying theft or dacoity, a conviction under Section 412 cannot stand independently.

K. Venkateshwara Rao @ Venkatal @ I. Rao vs State Rep. By Inspector Of Police, A.P. · Niyam