What is the proceeding when a person is convicted for theft under 381

681 votes

That seems quiet a situation however would require more of an info in the stated matter. Kindly let me more info such as city and case no .Etc. so he actual charges could be found and further course of action could be advised. Do check your mail shortly.

Advocate Krishnan Balakrishnan Nair LawRato

987 votes

Warrant will be issued against the person and the person can appear in the court and can file his say and if proved then he will be convicted. But there will be trail against the accused and it should be proved that he had taken or stolen the stuff. For further details u can call eight seven six seven seven two two five three four.

Advocate Saqib Gigani LawRato

685 votes

Hi 381 of IPC means theft with punishment up to 7 years there is no option of fine. the police have recovered it from you or your office or home. Now the process is you will be arrested by police than you have to apply for bail than after about 6 months case starts in court, now it depends on your case and evidence circumstances that whether you will be punish for it.

Advocate Mrutyunjay Mahendra Bhokhare LawRato

711 votes

In your case till date only stolen goods are recovered only . the conviction is depend on trial begins then after on what evidence the prosecution proves the case prove the guilt. if in any condition prosecution proves the guilt and court convict the accused then you can file appeal. if your friends role is not prove by prima facie then file the discharge application in court

Advocate Kirti Deshmukh LawRato

717 votes

381. Theft by clerk or servant of property in possession of master.—Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property in the possession of his master or employer, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Contest the case by hiring a lawyer and you need to go through below mentioned stages in criminal case.

1. Registration of FIR ( Which is already done)
2. Commencement of investigation and collection of evidence by investigating
agency. During this time, at any stage decided by investigating agency, accused
persons can be arrested..
3. Production of accused before Magistrate (within 24 hours)
Remanded to police custody for further investigation; or
Remanded to judicial custody.

Note:- Remand does not mean that the police can misbehave or beat the
person. Remand means interrogation by the police.

4. Bail hearing before appropriate court – Arguments of the defence is denied by the
public prosecutor.

5. After investigation is completed:

If investigating agency feels a prima facie case is made out, chargesheet is
filed in Court through the public prosecutor.
If police feels that no prima facie case is made out, a final report filed in
Court.

6. Decision is taken by the Court after hearing the public prosecutor and the counsel for defence:
On question of Chargesheet:-

Court can reject chargesheet, in which case the accused is discharged.

Court can accept that a prima facie case is made out, frame the charges, and
post the case for trial. Case goes to next stage

(7).On Final Report

Court can accept the final report- case is closed and accused is discharged
Court can reject the final report, and
Direct the police to further investigate the case. Case goes back to Stage (2)
Direct the case to be posted for trial. Case goes to next stage (7).

7. Framing of Charge by Court

Accused pleads guilty to the Charge. Depending on the seriousness of the crime,
the Court may either convict on the basis of plea or post the case for trial.
Accused pleads not guilty. Case is posted for trial.

8. Trial commences – examination of witnesses and other evidence
Examination of prosecution witnesses by public prosecutor, marking of exhibits,
and cross-examination by defence counsel.

9. Statement of Accused under section 313, CrPC.

10. Defence Evidence: if defence wants to, it examines defence witnesses, who are
cross examined by the public prosecutor, and exhibits defence evidence.

11. Final Arguments – Public Prosecutor and the defence counsel present their
arguments.

12. Judgment and sentence by the Court:
Acquittal of accused, or Conviction, in which case

• Arguments of public prosecutor and defence counsel on sentence.

• Judgment of Court passing sentence.

13. Appeal (within specified period of limitation) - Can be filed by party aggrieved by judgment on acquittal/ conviction/ reduction of sentence.

14. On notice being issued to the opposite parties, arguments are placed before Appeal
court of defence counsel and the public prosecutor.

15. Judgment of Appeal Court.

Advocate Mirza Faizan Assad LawRato