Unlawful Assembly--Section 149 IPC--Conviction Unsustainable When Number of Convicted Members Falls Below Five and No Unidentified Persons Alleged
A conviction under Section 149 IPC cannot be sustained when the number of persons actually convicted falls below five, and the prosecution has not alleged participation of any unidentified or unnamed individuals. Section 149 IPC operates on the premise of an unlawful assembly of five or more persons. Where acquittals reduce the convicted members below this threshold, and no unnamed persons were ever alleged to be part of the assembly, the essential ingredient of Section 149 IPC is not met, rendering the conviction legally unsustainable.
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