Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - To constitute a conspiracy, agreement between two or more persons for doing an illegal act, or an act by illegal means, is a sine qua non - Agreement among the conspirators can be inferred by necessary implication - However, inference can only be drawn on the parameters in the manner of proved facts, in the..........
Indian Penal Code, 1860, Section 409, 120B -- Public servant - Carried gold to expert for melting and converting into gold bar - Public servant misappropriated gold - Another person who accompanied accused cannot be held guilty of conspiracy as it cannot be inferred that there was an agreement between the two to misappropriate the gold...........
Criminal Procedure Code, 1973, Section 197, 200, 204, Prevention of Corruption Act, 1988, Section 15, Indian Penal Code, 1860, Section 120B, 409, 511, 34 -- Public servant - Complaint u/ss 120-B, 409, 511/34 IPC and S.15 Prevention of Corruption Act - Magistrate taking cognizance - Appropriate sanction not obtained before taking cognizance - Order taking cognizance,..........
Indian Penal Code, 1860, Section 218, 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), Constitution of India, 1950, Article 226 -- Criminal proceedings - Quashing of and stay of arrest - Senior IPC Officer - Petitioner trustee of charitable trust founded by his family - Huge land in name of trust - Prima facie case of fraudulent action of..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 15, Indian Penal Code, 1860, Section 392, 397, 412, 120B, Criminal Procedure Code, 1973, Section 439 -- Juvenile - Offence u/ss 392, 397, 412, 120-B IPC - Juvenile accused in five other cases - Bail - Further detention of juvenile in custody may cause him more harm than good - If he is released on bail..........
Indian Penal Code, 1860, Section 364A, 120B -- Kidnapping for ransom - Conviction of six accused - Kidnapping of PW5 corroborated by nine witnesses - Prosecution case fully supported by evidence of victim - Prosecution case fully proved that PW5 was kidnapped for ransom - However no corroboration that appellants had any hand in kidnapping - Non disclosure of names of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 419, 420, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Bail - Securing job on basis of forged and fictitious educational certificates - Recovery of 57 rubber stamps in name of heads of various institutions from house of applicant - Role imputed against..........
Indian Penal Code, 1860, Section 120B -- Conspiracy - Date of start of conspiracy - It is not always possible 'to give affirmative evidence about the date of formation of the criminal conspiracy' - If instead of mentioning `the first week of December, 2001' the wording `before December, 2001' is employed, the prosecution should not fail merely for that reason...........
Indian Penal Code, 1860, Section 120A, 120B -- Conspiracy - Liability - Whether an accused is liable for all the offence done by other accused in pursuance of conspiracy - Held No - Principle of agency not applicable - Accused liable for conspiracy and for those overt acts which were committed by him alone - Not liable for overt acts of others done in pursuance of..........
Indian Penal Code, 1860, Section 120A, 120B -- Conspiracy - Definition, essential features and proof - Mere agreement to do an illegal act or an act which is not illegal by illegal means is punishable - Meeting of minds of two or more persons for doing an illegal act or an act by illegal means is a sine qua non of the criminal conspiracy - Conspiracy is a substantive..........
