The role of the appellant
mentioned by the prosecution is that the
appellant facilitated procurement of SIM
card on the request made by accused-Ashok
Jatav. This sim card, it is stated, was
allegedly used by accused Ashok Jatav and
his colleagues in the commission of
offence of kidnapping. Hence, the
appellant was a member of the conspiracy
to commit the offence of kidnapping.
5. The question would be whether the
appellant (Mohan) was a party to the
agreement to do or caused to do the
illegal act of kidnapping to be a member
of the criminal conspiracy. We are aware
of the Explanation to Section 120A but in
the facts of the present case, the legal
effect of the Explanation in the light of
the evidence has to be examined.
Conspiracy cannot be assumed from a set of
unconnected facts or from a set of conduct
at different places and times without a
reasonable link. Learned counsel for the
appellant, in this regard has highlighted
that there is no substantial evidence to
indicate that the appellant was aware that
the sim card would be later on or was
likely to be used in the commission of the
offence of kidnapping which the appellant
has been tried.
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 630 OF 2020
MOHAN Vs STATE OF MADHYA PRADESH
Dated: SEPTEMBER 24, 2020
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