Supreme Court · 2000 INSC 529 · Decided 15 November 2000
Saju v. State of Kerala
- Court
- Supreme Court of India
- Citation
- 2000 INSC 529 · [2000] SUPP. 4 S.C.R. 621
- Case number
- CRIMINAL APPEAL No. 699/1998
- Decided
- 15 November 2000
- Bench
- K.T. THOMAS, R.P. SETHI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 109, 120; Evidence Act Section 10
Headnote
B· Penal Code, 1860. Sections 109, l 20B & 302-Criminal Conspiracy-Essential Ingredients-Proof of-Held, agreement to commit offence and mens rea of C crime-Motive by itself not proof of conspiracy-Prosecution alleging illicit relations between accused and deceased-Deceased refusing to with accused-Whether criminal conspiracy established-No positive evidence attributing pregnancy D of deceased to accused or insistence for abortion by accused-Both accused seen together qn date of occurrence but not proved beyond doubt that they were together at place of
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