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Less than five persons may be charged for unlawful assembly if some accused are not identified, named: Supreme Court

The Supreme Court accepted the argument, holding that 20 accused were specifically named by the complainant and after the investigation, charge­sheet was filed against all the 20 accused persons and they faced trial.

Out of that 17 were acquitted, the Court noted.

It further observed that it was not the case of the prosecution that there were other unnamed or unidentified persons other than the one who were charge­sheeted and faced trial.

“When the other co­-accused persons faced trial and have been given benefit of doubt and have been acquitted, it would not be permissible to take the view that there must have been some other persons along with the appellant in causing injuries to the victim,” the judgment said.

In the facts and circumstances, it was as such not permissible to invoke Section 149 IPC, the Court concluded.

It, therefore, allowed the appeal and set aside the judgment of the High Court.

Source: Barandbench

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