VINAYAK ETC. vs STATE OF MAHARASHTRA

The Supreme Court addressed the issue of whether an accused can be convicted for criminal conspiracy under Section 302 IPC read with Section 120B when the co-accused were acquitted. The Court held that reliance on a retracted judicial confession of one accused against another is impermissible if the latter has been acquitted of conspiracy charges. The Court ultimately allowed the appeal of accused 5, overturning the conviction under Section 302 IPC, while dismissing the appeal of accused 6, thereby affirming the conviction against him.