FIRs beneath Section 399, 402 nailing dacoity plotters present a sample

Bhartesh Singh Thakur

Tribune News Service

Chandigarh, July 19

Sandeep, a resident of Raipur Rani in Panchkula, was framed together with 5 others beneath Sections 399 and 402 of the IPC for making preparation to commit a dacoity in 2015 and needed to face a trial for one 12 months.

The police had claimed that that they had overheard them planning the dacoity, which a Panchkula courtroom declared “was not possible” because the accused have been sitting in a dargah room. All acquired acquitted.

“We all didn’t even know each other. We were picked up from different places,” Sandeep stated, who’s a building labourer.

Most of the FIRs filed beneath Section 399 and 402 for “making preparation for dacoity” throughout Haryana often present the identical sample: police personnel overhearing the accused’s dacoity plan. The trial courts have additionally constantly declared that the “overhearing of dacoity plan” was “unbelievable”.

An RTI response in Ambala reveals that 4 instances have been determined between 2016 and 2019, and all 23 accused have been acquitted. In all instances, the police acted on “secret information” concerning the accused planning to commit dacoity. And, surprisingly, in three of the 4 instances, their timing was so good that after they reached the spot the place the plot was being hatched they overheard the accused assigning duties for the dacoity. Notably, the accused have been armed in all instances, however they didn’t resist the arrest.

In comparable occurrences (of the police overhearing the dacoity plan) in Fatehabad, two instances led to acquittal of 11 accused from 2016 to 2019. In Rewari from 2016 to 2019, 10 instances involving 44 accused led to acquittals.

Same motive for acquittals

On the police overhearing the dacoity plan, a trial courtroom in Ambala in a judgment of July 19, 2016, commented: “It was not possible that the accused kept on talking about the same incident since the time the informant heard them and till the time police officials came to the spot.”

A Fatehabad courtroom additionally gave the identical motive in its judgment dated March 30, 2017: “…ASI Charan Singh stated that they went to the disclosed place after 20 minutes of receiving the information and it is highly improbable that even at that time the accused were planning to loot the passengers.”

Former ADGP Haryana Police Rajbir Deswal stated, “Under this Section, the common practice with the police is to fix incorrigible people for crime prevention.”

usually, cops ‘overhear the plot’

Most FIRs beneath Sections 399 and 402, IPC, (plotting dacoity) throughout Haryana often present the identical sample: cops overhearing the dacoity plan of the accused.

Verdicts time period police claims ‘unbelievable’

Most trial courts have constantly declared that the “overhearing of dacoity plan was unbelievable”.

Comprise fraction of whole dacoities: DGP

“The cases under Sections 399 and 402 have come down from 28 in 2018 to 16 in 2019. These are not even one-tenth of the dacoity cases. The acquittals are high as these incidents take place in the night and it is difficult to have independent witnesses,” says Haryana DGP Manoj Yadava

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