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Supreme Court of India 2022-03-08 partly_allowed

Desh Deepak Kumar Vihangam @ Deepak Kumar vs State of Bihar

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Dr. Shashi Kumar Sinha was kidnapped for ransom in Bihar in February 2006. Six men were convicted of kidnapping (Section 364A) and conspiracy (Section 120B) by the trial court; the High Court upheld the convictions but acquitted one. On appeal, the Supreme Court upheld the convictions of Desh Deepak Kumar, Bimlesh Kumar Singh, and Madan Prasad Thathera, who were core perpetrators. However, the Court acquitted Kanhaiya Lal, Ramjee Prajapati, and Abhay Kumar, holding that the prosecution failed to prove conspiracy beyond reasonable doubt. The investigating officers' own testimony contradicted their involvement, and there was no evidence of prior knowledge or agreement with the conspirators. The Court emphasized that criminal conspiracy requires proof of a meeting of minds and agreement, not mere suspicion or circumstantial bits.

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Criminal Procedure Evidence Conspiracy Kidnapping Burden of Proof

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