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In State of Maharashtra v Joseph Mingel Koli (Bombay High Court, 1 August 1996), why did the Court…

Under IPC ss.390-391 (now ss.309-310 BNS), dacoity is robbery by five or more persons, and theft becomes robbery only if violence or fear is used in committing the theft or…

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In State of Maharashtra v Joseph Mingel Koli (Bombay High Court, 1 August 1996), why did the Court reject the dacoity charge despite the group attack and alleged taking of groceries?

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Under IPC ss.390-391 (now ss.309-310 BNS), dacoity is robbery by five or more persons, and theft becomes robbery only if violence or fear is used in committing the theft or in carrying away its proceeds. In Joseph Mingel Koli the Bombay High Court upheld the s.395 acquittal because that connection was not shown and the evidence of theft itself was insufficient. Hurt or fear is enough for robbery, and each member need not personally take property.

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