VidhiSangh

Supreme Court of India · 25/08/2022

RAM SHARAN CHATURVEDI versus THE STATE OF MADHYA PRADESH

[2022] 11 S.C.R. 1 · 2022 INSC 866

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Rs. 6 lakh was stolen over a weekend from the strong room of a Central Bank of India branch in Guna, and records and currency were partly burnt with petrol, without any lock being broken. Two employees, from whom the money was recovered, were convicted. The Head Cashier, who held one set of the dual-control keys, was convicted of the same offences only through Section 120B IPC, because on Monday the locks opened with his keys and not with the acting manager's. The Supreme Court acquitted him. Under the dual-lock system, both key-holders must be present and are jointly responsible, so his custody of one set could not alone show he enabled the theft. Why the other keys failed was unexplained, and there was no evidence of any agreement with the other accused. Suspicion cannot replace proof of conspiracy.

Issues

  1. Whether a bank's Head Cashier, holding one set of keys under a dual-control system, could be convicted through Section 120B IPC for a theft from the strong room merely because the locks opened with his keys
  2. What proof of agreement is required to establish criminal conspiracy on circumstantial evidence

Provisions considered

Held

Result

Appeal allowed; the conviction and sentences of the appellant under Sections 201, 380, 435, 457 and 477 read with Section 120B IPC were set aside and he was acquitted; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2022] 11 S.C.R. 1.