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Q. |
Point out incorrect response. The following principles were laid down in Mahboob Shah v. Emperor 72 I.A. 148. |
A. | Under section 34 the essence of liability is to be found in the existence of a common intention animating the accused leading to the doing of a criminal act in furtherance of such intention. |
B. | It is difficult if not impossible, to procure direct evidence to prove the intention of an individual; in most cases it has to be inferred from his act etc. Such an inference should never be reached unless it is necessary inference deducible from the circumstances of the case. |
C. | Common intention within in the meaning of section 34 implies a prearranged plan, and to convict the accused of an offence applying this section, it should be proved that the criminal act was done in concert pursuant to the prearranged plan. |
D. | Even though a person has not done anything but was only standing where the crime was committed by his co-conspirators the rule is that ‘they also serve who only stand and wait.’ |
Answer» D. Even though a person has not done anything but was only standing where the crime was committed by his co-conspirators the rule is that ‘they also serve who only stand and wait.’ |
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Indian Penal Code (IPC 1860)No comments yet