In Brief
Shraddha Gupta, an accused in a murder case, challenged her prosecution under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 on the ground that she was implicated during further investigation and that a single FIR could not support prosecution under the Gangsters Act. The Supreme Court held that, unlike organized crime statutes in other states, the Gangsters Act, 1986 contains no requirement for multiple offences. A single crime, if committed by members of a gang as part of an organized conspiracy for pecuniary or other undue advantage, suffices for prosecution under Sections 2/3 of the Act. Since the appellant was a member of the same gang conspiracy that included a designated gang leader, and other co-accused had already been prosecuted under the Act, she was rightly prosecuted. The appeal was dismissed and the High Court's refusal to quash the proceedings was upheld.
The lawyer headnote and full judgment text are available to registered users.