RAJIV KUMAR Versus STATE OF U.P. AND ANR.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Crl.), 251 of 2017, Judgment Date: Aug 02, 2017

• The essential ingredients of the offence of criminal conspiracy are: (i) an agreement between two or more persons; (ii) the agreement must relate to doing or causing to be done either (a) an illegal act; or (b) an act which is not illegal in itself but is done by illegal means. It is, therefore, plain that meeting of minds of two or more persons for doing or causing to be done an illegal act or an act by illegal means is sine qua non of criminal conspiracy. It is extremely difficult to adduce direct evidence to prove conspiracy. Existence of conspiracy and its objective can be inferred from the surrounding circumstances and the conduct of the accused. In some cases, indulgence in the illegal act or legal act by illegal means may be inferred from the knowledge itself.
• For convicting the appellants under Section 120-B IPC and under Section 13(1)(d)(ii), there must be evidence on record that the accused obtained for himself or any other person any valuable thing or pecuniary advantage. The act of the appellants: (i) double conversion of the plot in violation of the rules and circular; (ii) conversion of “guest house” to “residential” and allotting the same to appellant Rajiv Kumar; (iii) conversion of plot No.B-86 in Sector-51 to the developed Sector-14A at a lower rate of Rs.1200/- plus Rs.400/- per sq.m. as against the huge premium of Rs.4500/- per sq.m. in Sector-14A; and (iv) after getting the allotment of a smaller plot, getting allotment of additional area, frequent alteration of the plots with the dishonest intention of the appellants gaining pecuniary advantage to themselves in altering the plots to their own advantage establishes prior concert of the appellants in manipulating the maps/records to suit their convenience. These facts manifest abuse of appellant’s position as public servant obtaining valuable thing and pecuniary advantage for himself. Co-accused appellant Neera Yadav is associated in each and every aspect of these events which clearly bring home the charge of conspiracy of both the accused.

RAJIV KUMAR Versus STATE OF U.P. AND ANR.