Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | conspiracy Arms Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – ss.224, 225, 332, 353, 302 r/w s.120-B – Case of prosecution that police party was escorting four accused to be produced before the Court – Appellant, a party to another accused group, conspired together to rescue them – One of the accused was alleged to have fired upon Head Constable who later succumbed to fire arm injuries – Accused persons convicted and sentenced – On appeal only by appellant, held: To prove the charge of conspiracy, within the ambit of s.120-B, it is necessary to establish that there was an agreement between the parties for doing an unlawful act – In the present case, except the vague and bald statement that the appellant is a member of alleged conspiracy, there is no other evidence to prove that the appellant conspired with other accused for the offences for which he was charged – Alleged confessional statements of the co-accused in absence of any other corroborative evidence, not safe to maintain the conviction and sentence of the appellant – Conviction recorded and sentence imposed on the appellant by Trial court and confirmed by High Court, set aside – Acquitted – Arms Act – s.25. |
Judge | Hon'ble Mr. Justice R.Subhash Reddy |
Neutral Citation | 2021 INSC 835 |
Petitioner | Parveen @ Sonu |
Respondent | The State Of Haryana |
SCR | [2021] 9 S.C.R. 643 |
Judgement Date | 2021-12-07 |
Case Number | 1571 |
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