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Supreme Court of India 2023-08-11 allowed

KALLU @ HABIB vs THE STATE OF MADHYA PRADESH

Bench: 2 — S. Ravindra Bhat, Dipankar Datta

In Brief

A robbery occurred at a woman's house on 14 April 2010, with four armed intruders stealing jewellery and cash. Four robbers (Suleman, Arif, Jaihind and a minor) and two others—Manoj (accused of receiving stolen goods under Section 411 IPC) and Kallu (former driver, accused of conspiracy under Section 120-B IPC)—were convicted by the trial court and the conviction upheld by the High Court. The Supreme Court set aside both convictions, holding that disclosure statements alone, without supporting evidence, cannot sustain conviction. Further, Kallu's conspiracy conviction was vitiated because no co-conspirators were convicted, and one person cannot conspire alone. Material inconsistencies and hostile seizure witnesses undermined the prosecution case.

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Criminal Conspiracy Evidence Law Stolen Property Witness Credibility Criminal Procedure Disclosure Statements Presumptions

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