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IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA
Romesh Sharma S/o Shri Satya Narayan – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. arguments against the conspiracy charge. (Para 3 , 5 , 14 , 16 , 17) |
| 2. court reflections on investigation integrity. (Para 4 , 29 , 30) |
| 3. admissibility and reliability concerns of tape evidence. (Para 8 , 11 , 12) |
| 4. facts regarding fir and investigations. (Para 20 , 21) |
| 5. conclusion and discharge of the appellant. (Para 93 , 94 , 95) |
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. Criminal Revision Petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) has been filed on behalf of Petitioner, Romesh Sharma to challenge the Order on Charge dated 10.08.2004 of the learned ASJ in Sessions Case No. 93/2001 in FIR No. 0849/1998, P.S. Hauz Khas.
2. The learned ASJ had framed the Charges under Section 120B with Section 302 IPC on 10.08.2004. This Order is challenged on the ground that from the totality of the facts available and the Charge Sheet, there is no material to even prima facie make out the case against the Petitioner, to warrant a trial. It has not been considered that there is no incriminating evidence against the Petitioner in the Chargesheet, to connect him with the alleged offences.
3. The first
The court emphasized that for establishing conspiracy, there must be corroborative evidence of agreement and overt acts; mere speculation or unverified recorded conversations do not suffice.
(1) Discharge of accused – Mere suspicion, however strong, or expressions of hostility and ill-will, cannot substitute legal requirement of grave suspicion sufficient to frame charge.(2) Conspiracy –....
The judgment underscores the necessity of credible and reliable evidence to establish a criminal conspiracy and direct involvement in a crime. It emphasizes the importance of substantive evidence and....
Point of Law : When the allegations against an accused do not constitute an offence, even if such allegations are presumed to be true, a Court can exercise its powers under Section 482 of the Code to....
The judgment emphasizes the requirement of proving criminal conspiracy and the insufficiency of evidence to establish the petitioner's involvement, highlighting the importance of meeting of minds for....
Prosecution must establish agreement and actions for conspiracy, which can be proved via circumstantial evidence; minor investigative flaws do not negate reliable witness testimony.
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