VENU @ VENUGOPAL AND ORS versus STATE OF KARNATAKA

VENU @ VENUGOPAL AND ORS versus STATE OF KARNATAKA

Robbery committed on highway between sunset and sunrise by accused persons was clearly established by evidence and recovery; punishment under section 392 IPC upheld due to gravity and need for deterrence.

Parties
Appellant: Venu @ Venugopal and Ors; Respondent: State of Karnataka
Jurisdiction
India
Judgment Date
30 January 2008
Procedural Posture
Criminal Appeal / Supreme Court Decision on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Robbery, Sentencing, Highway Robbery

Case Brief

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Parties

Venu @ Venugopal and Ors

Appellant

State of Karnataka

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Decision on Appeal From High Court

  1. 1 Correctness of conviction under section 392 IPC for robbery on highway between sunset and sunrise; Appropriateness of harsh punishment for highway robbery; Ingredients of offences under sections 390 and 392 IPC

Ratio Decidendi

Robbery committed on highway between sunset and sunrise by accused persons was clearly established by evidence and recovery; punishment under section 392 IPC upheld due to gravity and need for deterrence.

Court Disposition

Appeal dismissed

Orders

  • Sentence of 10 years imprisonment and Rs.5,000 fine each upheld for appellants under section 392 IPC