1992 CRI. L. J. 97 ::(1992) 2 CriLC 127 ::1992 (2) CurCriR 1409 ::1992 (1) Crimes 467

Madhya Pradesh High Court

Hon'ble Judge(s): V. S. Kokje , J

(A) Penal Code (45 of 1860) , S.120B— Criminal conspiracy - Absence of evidence as to with whom accused conspired and to do what - No charge framed against persons alleged to be involved in conspiracy - Charge u/S 120-B held, Baseless. Criminal P.C. (2 of 1974) , S.212— (Para 7) (B) Penal Code (45 of 1860) , S.212— Harbouring an offender - Proof - Accused must have knowledge that such person was offender. Criminal P.C. (2 of 1974) , S.228— For an offence u/S, 212 IPC for harbouring an offender, it has to be proved that an offender was harboured or concealed by a person with the knowledge or having reason to believe that such person was the offender and such harbouring or concealment has to be with the intention of screening him from legal punishment. In the instant case the material on record does not even prima facie indicate that the accused harboured or concealed some offenders. It was only the opinion expressed by the witnesses that he had the motive to harbor or conceal the offenders and he might have done so. The evidence is not sufficient to frame charge u/S, 212 of the IPC against the accused. The Court has to evaluate the material on record at the time of framing of a charge with a view to finding out if the f....