Legal Question in Criminal Law in India

Convicted under IPC 407 and IPC 420

Dear Sirs,

I am a publick servant working for a Public Sector Undertaking. When I was on duty in 1994, crude oil tanker came to our company for unloading crude oil loaded at a ONGC point. After unloading at the unloading point, while, the truck was returning, CISF personnel found that the truck still carried some oil. In this context, a case registered, investgated and chargesheet was filed in the local magistrate court under IPC 407 and IPC 420. I along with 2 other colleagues received summons from the courts and were shown as accused. aafter 10 years of trail, the magistrate convicted us under IPC 407 and 420 along with the driver and cleaner leaving (acquitting) Contractor and the Truck owner. The matter is under appeal before the local sessions court: 1) Is it legal to convict us under IPC 407 when the transport contractor/trcuk owner were acquitted? 2) Is Judgement IPC 420 and 407 legal for the same set of facts ?

We are told that the persent sessions judge also is not knowledgble about the law. What shall we do ? Please advise us. My id: [email protected]


Asked on 5/17/08, 9:02 am

3 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Convicted under IPC 407 and IPC 420

If possible ask your lawyer to transfer the case to another sessions judge.

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Answered on 5/18/08, 9:11 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Convicted under IPC 407 and IPC 420

Transfer the case.

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Answered on 5/23/08, 7:06 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Convicted under IPC 407 and IPC 420

Though there can not be conviction for cheating and breach of trust on same fact, but from the brief facts stated, there appear series of facts and it is possible that one set of facts constitute offence of cheating while the other constituted breach of trust.

Under criminal law, there is no vicarious liabilities and person connected with crime alone are punished. There may not be any evidence against the Truck Owner and Contractor for any criminal acts/omissions.

You need to consult good lawyer practicing criminal law and have matter assessed.

In case, your conviction is confirmed by the Sessions Court, then you will be left with very weak case before High Court. As also, unlike conviction by Magistrate, the confirmation of conviction would entail you to be committed to custody.

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Answered on 5/18/08, 1:36 am


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