Legal Question in Criminal Law in India
Conviction under IPC 407
As per IPC section 407 is connected with breach of trust by the carrier. Even as per the charge-sheet, Truck Owner/Contractor were entrusted with the alleged misappropriated crude oil. However, these two people were acquitted while all other including driver were convicted under IPC 407. Is it lega?
5 Answers from Attorneys
Re: Conviction under IPC 407
It depend upon facts of the case.Since the matter is adjudicated by court,so,it is legal in every aspect,however,you have opportunity to challenge the same in higher court by way of appeal.
Re: Conviction under IPC 407
This case depands on the facts and evidences.
Re: Conviction under IPC 407
One need to read and interpret entire case and not one or two points in isolation.
Re: Conviction under IPC 407
It depends on facts of each case and evidence on record
Re: Conviction under IPC 407
So far so law is concerned, yes driver and other person can be convicted if there is evidence on record, that owner had entrusted the good to driver, who inturn committed breach of trust, for which Owner had no knowledge.
In Criminal matters accurate and correct advice can be given only after perusing all the facts, otherwise the advise may be misleading or may be not be applicable on overall consideration of the facts of the case.
So your advised to consult a local attorney with your papers and if your aggreived by the judgment, then you should file Criminal Appeal.
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