2014 CRI. L. J. (NOC) 435 (DEL.) ::2014 (4) ADR 39

Delhi High Court

Hon'ble Judge(s): Indermeet Kaur , J

(A) Indian Penal Code (45 of 1860) S. 387 — Extortion — Offence of — Essential ingredients of offence of extortion encompasses not only intentionally putting person in fear of death or injury but also dishonestly inducing that person by putting him in fear to deliver any person any property or valuable security — Version of complainant and his son that they were threatened by accused at point of knife but no theft or robbery had taken place in incident nor any loss had accrued to them — Ingredients of offence not fulfilled — Conviction of accused for offence under S 387, not proper (Para 16)

(B) Indian Penal Code (45 of 1860) S. 503 — Criminal intimidation — Proof — Complainant threatened by accused at point of knife to handover to him whatsoever was in his possession — Accused at point of time armed with knife and co-accused had kattas — Intent of accused was to cause injury to person of complainant asking him to deliver whatsoever was with him which he was not otherwise legally bound to do — Accused convicted for offence under S 503 of Code (Para 19,20)