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State Of Kerala vs P. Sugathan & Anr on 26 September, 2000

Even the statements of the persons allegedly conspired to be kidnapped does Crl.Rev.P.nos. 336/2011, 387/2011 & 279/2011 Page 2 of 10 not implicate the Petitioners. On the facts at best planning was going on and no offence was committed. No overt act is alleged in the charge-sheet. Relying upon State of Kerala Vs. P. Sugathan & Anr. 2000(2) Apex Court Journal 550 (S.C.); K. Hasim Vs. State of Tamil Nadu AIR 2005 SC 126 and Netra Pal Vs. State (NCT of Delhi) 2001 (4) Crimes 387 it is contended that to fasten a liability of criminal conspiracy, mere intention is not sufficient and an overt act is also required to be attributed.
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