Circumstances when Section 397 IPC punishment can be reduced

Facts:

There were 5 accused but they did not use any deadly weapon while committing the offense but trial court, session court, and the high court convicted them under section 397. The aggrieved Accused preferred this appeal in Supreme Court.

Principle –

There is no difference between Section 391/395 and Section 397 IPC so far as sentence/punishment except the difference in the case of Section 397 IPC the punishment shall not be less than seven years. Otherwise, the ‘robbery’ and ‘dacoity’ are sines qua non. Dacoity’ is nothing but an exaggerated version of ‘robbery’ with a difference in the number of accused.

Judgment

Appeal Allowed.