Saddam @ Saddu vs. State of MP

Madhya Pradesh High Court (Single Judge)

MCRC, 63513 of 2021, Judgment Date: Dec 30, 2021

Law laid down - 

1. There is a clear distinction between theft and robbery, as theft is robbery when there is an element of physical injury or an attempt to cause physical injury or of fear of causing the same. It is also apparent that in the case of robbery, not only the person who voluntarily causes a wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint, is liable to be prosecuted under Section 392 of IPC but also an attempt to cause the aforesaid acts would also fall within the definition of robbery.

2. Merely because the accused did not use any weapon while committing the offence or that he only snatched a bag from the victim's hand, would not allow him to have a spacious plea that it is a case of theft only as he never attempted to cause any harm to the victim.

3. Whenever there is an element of surprise while committing an offence of theft in respect of an object which is being carried by a victim on his person or kept attached by him on any vehicle on which he is travelling, and such surprise has the effect of unsettling the victim or the vehicle, exposing him to imminent injury or death, or the fear of the same, it is a robbery.

Saddam @ Saddu vs. State of MP