Appeal for Acquittal in Kidnapping and Robbery Case: Insufficient Evidence to Prove Shared Criminal Intent.
12 January 2024
Acquittal >> Criminal Law | Criminal Appeals & Suspension of Sentence >> Criminal Law | Evidence >> Criminal Law
In this criminal appeal of Mohammed Iqbal Mangu Ismail Ansari v/s The State of Maharashtra, the appellant, Mohammed Iqbal Magnu Ismail Ansari, challenges his conviction in Sessions Case No.304 of 1995 for offenses under Sections 367 and 393 read with 34 of the Indian Penal Code (IPC). The appellant was sentenced to two years of rigorous imprisonment and fines for these offenses.
The prosecution case centers around PW-1, a jewelry shop proprietor, who was forcibly made to sit in a taxi by the co-accused, while one of them threatened him with a knife. The taxi was later intercepted by the police, during which the appellant attempted to flee but was caught. A knife was found on his person. The prosecution relied on the testimony of PW-1 and PW-2, a wireless operator who helped intercept the taxi.
However, the court found no overt act committed by the appellant and no direct communication between him and the co-accused, which would imply shared criminal intention. The court also noted that the taxi driver was not examined, and there was no evidence to suggest prior concert or a prearranged plan between the appellant and the co-accused. Based on the lack of concrete evidence linking the appellant to the crime, the court found the conviction unsafe and acquitted the appellant of all charges. The appeal was allowed, and the conviction was set aside. The appellant was acquitted, and any fines paid were to be refunded.
Section 34., Indian Penal Code - 1860
Section 367., Indian Penal Code - 1860
Section 393., Indian Penal Code - 1860