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PETITIONER: SARDUL SINGH CAVEESHAR
Vs.
RESPONDENT: THE STATE OF BOMBAY(and connected appeals)
DATE OF JUDGMENT: 23/05/1957
BENCH: JAGANNADHADAS, B. BENCH: JAGANNADHADAS, B. SINHA, BHUVNESHWAR P. GAJENDRAGADKAR, P.B.
CITATION: 1957 AIR 747 1958 SCR 161
ACT: Evidence--Conspiracy-Criminal breach of trust-Proof of bogus character of transactions-Intention of accused-Evidence of criminal acts outside the period of conspiracy-Admissibility-Indian Evidence Act (I of 1872), SS. 10, 14.
HEADNOTE: A conspiracy to commit criminal breach of trust in respect of the funds of a company by utilising the same to purchase the controlling block of shares of the company itself for the benefit of the appellants was alleged to have been entered into between December 1, 1948, and January 31, 1949. It was the prosecution case that the modus operandi was to screen the utilisation of these funds by showing them as having been advanced for legitimate purposes and invested on proper security but in fact utilising the same for payment to the appellants. One of the main issues was whether the loans by way of advance of the funds of the company on January 20, I949, were genuine transactions or bogus or makebelieve, and the question was whether the evidence relating to the further transactions entered into outside the period of the conspiracy in 1949...