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october 2008

Supreme Court of India · 2008-10-24

State Of Maharsthra vs Ahmed Shaikh Babajan & Ors

Court
Supreme Court of India
Petitioner
State Of Maharsthra
Respondent
Ahmed Shaikh Babajan & Ors
Author
D.K. Jain
Bench
C.K. Thakker, D.K. Jain

Judgment text excerpt

The Supreme Court upheld the High Court's decision to acquit the respondents of charges under Section 302 and Section 456 read with Section 34 IPC, affirming that the prosecution failed to establish the necessary elements of the crime. The Court emphasized that mere possession of keys and the intention to take possession of the flat did not constitute a criminal act without evidence of a violent act or conspiracy. The Court dismissed the appeals by the State of Maharashtra, thereby maintaining the acquittal of the accused.

State Of Maharsthra vs Ahmed Shaikh Babajan & Ors · Niyam