NDLI: Ram Sharan Chaturvedi Vs. The State of Madhya Pradesh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	435 380 457 and 477 rw s. 120B Penal Code 1860: ss. 201
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860: ss. 201, 380, 435, 457 and 477 rw s. 120B – Theft of cash from the Bank – Criminal conspiracy – Prosecution of three employees of the Bank, for offences of theft of Rs. Six Lakhs from the safe and strong room of the Bank, house-trespass, destruction of valuable security, and other offences – Main accused persons A1 and A2 convicted and sentenced concurrently on the basis of the oral and documentary evidence, as per which the money is proved to have been recovered from their possession – Appellant, head cashier in the custody of one of the keys of the dual locker system maintained by the Bank, convicted and sentenced for the very same offences only with the aid of s. 120B – Trial court convicted and sentenced the appellant u/ss. 201, 380, 435, 457 and 477 rw s. 120B – High Court confirmed the conviction, however reduced the sentence u/s. 201 – On appeal, held: There is neither any overt act attributable to the appellant, nor any recovery of stolen property from him – Failure of the prosecution to produce any evidence whatsoever to satisfy the Court that there was a prior meeting of minds between the appellant and A-1 and A-2 which is quintessential for a charge u/s. 120-B – No physical manifestation of such a concurrence extractable from surrounding circumstances, declarations, or the conduct of the appellant – Also, the Court has cautioned against replacing mere suspicion with the legal requirement of proof of agreement – Furthermore, the prosecution failed to establish the circumstances in which the appellant, being the custodian of only one set of the keys for the dual lock system functional in the Bank, could alone be made responsible for providing access to the strong room and the safe in the Bank – Thus, in the absence of an agreement between the parties, even by inference through circumstantial evidence, the appellant entitled to be acquitted of the charge of criminal conspiracy – Order by the courts below, quashed and set aside.
Judge	Hon'ble Mr. Justice Pamidighantam Sri Narasimha
Neutral Citation	2022 INSC 866
Petitioner	Ram Sharan Chaturvedi
Respondent	The State Of Madhya Pradesh
SCR	[2022] 11 S.C.R. 1
Judgement Date	2022-08-25
Case Number	1066

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