AIR 1980 SUPREME COURT 1382 ::1980 SCC(Cri) 849 ::1981 MadLJ(Cri) 1 ::1980 SCC(Cri) 561 ::(1980) 2 SCC 665 ::(1981) 1 SCJ 1 ::(1980) SC Cr R 345

Supreme Court Of India

(From : Sessions Court, Delhi)*

Hon'ble Judge(s): S. Murtaza Fazal Ali, P. S. Kailasam, Anand Dev Koshal , JJJ

(A) Penal Code (45 of 1860) , S.120B— Criminal conspiracy - Proof. In order to prove a criminal conspiracy which is punishable under Section 120-B, there must be direct or circumstantial evidence to show that there was an agreement between two or more persons to commit an offence. This clearly envisages that there must be a meeting of minds resulting in an ultimate decision taken by the conspirators regarding the commission of an offence. It is true that in most cases it will be difficult to get direct evidence of an agreement conspire but a conspiracy can be inferred even from circumstances giving rise to a conclusive or irresistible inference of an agreement between two or more persons to commit an offence.(Para 8) (B) Evidence Act (1 of 1872) , S.101, S.102— Criminal case - Burden of proof - Duty of prosecution - The prosecution has to discharge its onus of proving the case against the accused beyond reasonable doubt. (Para 8) (C) Evidence Act (1 of 1872) , S.9— Identification - Value of - Identification of a person by witness for first time in Court without being tested by a prior test identification parade is valueless. (Para 23) ....