Supreme Court · 2008 INSC 1293 · Decided 12 November 2008

State of U.P. v. Ilyas

Court
Supreme Court of India
Citation
2008 INSC 1293 · [2008] 15 S.C.R. 1088
Case number
CRIMINAL APPEAL No. 168/2001
Decided
12 November 2008
Bench
ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
Outcome
Case Partly allowed
Case type
Criminal
Acts & sections cited
IPC Section 394, 397

Headnote

. Penal Code, 1860 - ss. 394 and 397 - Robbery with the c help of deadly weapons - Injury caused - Eye-witness to the incident- Identification of accused in Tl Parade - FIR lodged u/s. 394 - Conviction by trial court u/s. 397 - Acquittal by High Court holding that identification of accused was alone not sustainable; and since use D of weapon not established conviction u/s. 397 not correct - On appeal, .held: Finding of he High Court is perverse and abrupt - However, accused is convicted uls. 394 for which he was originally charged. E Respondent accused alongwith one co-accused was

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