Court Rules Insufficient Evidence of Five Persons Involved; Conviction Under IPC Section 399 Overturned
In a significant ruling, the Kerala High Court acquitted Hari, the petitioner in the case of alleged preparation to commit dacoity, overturning previous convictions by the Sessions and Assistant Sessions Courts. The decision, delivered by Justice M.B. Snehalatha on January 14, 2026, highlighted the prosecution's failure to establish the involvement of five or more persons, a critical element under Sections 391 and 399 of the Indian Penal Code (IPC).
The case stemmed from an incident on December 1, 2002, when police intercepted a car in which Hari and two others were traveling. The police reported finding weapons and other suspicious articles in the vehicle, leading to charges under Section 399 of the IPC and the Arms Act. However, the High Court found that the prosecution could not prove the presence of a requisite number of individuals necessary to classify the act as preparation for dacoity.
Justice Snehalatha emphasized that the numerical requirement of five or more persons is indispensable for charges under Sections 391 and 399 IPC. With only three accused being implicated, the prosecution's case was deemed insufficient. The judgment noted the two-month delay in adding the Section 399 charge as further undermining the prosecution's claims.
The decision underscores the judiciary's role in upholding procedural and evidentiary standards, ensuring that convictions are based on robust and comprehensive proof. Hari's acquittal and the discharge of his bail bond mark a pivotal moment in the legal proceedings, bringing relief to the petitioner and setting a precedent for similar cases in the future.
Bottom Line:
The numerical requirement of five or more persons is a mandatory and indispensable ingredient of the offence under Sections 391 and 399 IPC. If fewer than five persons are involved, the preparation cannot be said to be for committing dacoity under Section 399 IPC.
Statutory provision(s): Sections 391, 399 of the Indian Penal Code, Section 27 of the Arms Act
Hari v. State of Kerala, (Kerala) : Law Finder Doc Id # 2841182
