Legal Question in Criminal Law in India

conspiracy
from various citations i understand that there will not be direct proof regarding when,where and how conspiracy hatched. but when police charge sheet clearly states that conspiracy hatched between12th and 16th isnt it necessary that they prodce some evidence to support that.? if the accused can show that it is not posssible, will the charge of conspiracy stand?

Asked on 10/05/08, 12:32 pm

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: conspiracy

Well, it is a matter of evidence and trial. You should lead appropriate defence at the earliest opportunity and estbalish that you were not involved. If you succeed, you may be acquitted after evaluating prosecution evidence.

Answered on 10/05/08, 4:02 pm

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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Re: conspiracy

when the accused persons are booked u/s 120-B, the police doesnt have direct proof of conspiracy but they rely upon circumstantial evidence. the prosecution has to be the circumstances leading to criminal conspiracy and the offence committed in furtherance to the conspiracy. police is at liberty to prove the circumstances and series of incidents happened between 12 and 16th to charge the accused u/s 120B r/w other offences.

Answered on 10/06/08, 12:47 am

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Shrichand Nahar S.V.Nahar, Advocate

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Re: conspiracy

As it is known to you, evidence of conspiracy is generally of circumstantial nature. If all the evidence taken together does not establish ingredients of conspiracy, then charge of will not stand.

Answered on 10/06/08, 1:57 am

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