Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Corruption Act 1947 Purchase Committee Section 313 Cr.P.C. North Eastern Hill University |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860: ss. 420, 1208; Prevention of Corruption Act, 1947: s.5(2) -A-1, the Chief Engineer of North Eastern Hill University (NEHU) - Allegation that A-1 along with other officials of NEHU formed a Purchase Committee - All of them colluded together for procurement of cement at exorbitant rates from A-4 and A-5 during period 1982 to 1985 - The exorbitant rates were accepted without conducting any survey for ascertaining the then prevalent market rate of cement - Conviction of A-1 u/ ss.420, 1208 /PC and s.5(2) of 1947 Act and of A-4 uls.420 r/w s.1208 /PC challenged - Held: There was ample evidence that the Purchase Committee was misled by A-1 to approve the quotation of A- 4 at inflated rate - Based on oral and documentary evidence, courts below recorded concurrent findings of fact that the Purchase Committee consisted of the non-technical members and A-1 being a Technical Member played a dominant role in inducing the Purchase Committee to purchase cement at an inflated rate -A·1 was rightly convicted by the courts below - As regards A-4, being the dealer, he quoted inflated price in order to make wrongful gain to himself and to cause wrongful loss to NEHU and, therefore, he was rightly convicted u/s. 420 r/w s. 120-B - However, in view of age of A-4 and duration of pendency of matter, sentence of A-4 modified to period already undergone.Code of Criminal Procedure, 1973: s.313 - Held: Where the accused gives evasive answers in his cross-examination u/s.313, an adverse inference can be drawn against him- But such inference cannot be a substitute for the evidence which the prosecution must adduce to bring home the offence of the accused.Delay Laches: Delay in lodging FIR - Held: In continuing offence, no duration of time can be fixed for lodging FIR. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2014 INSC 636 |
Petitioner | Edmunds Lyngdoh |
Respondent | State Of Meghalaya |
SCR | [2014] 10 S.C.R. 458 |
Judgement Date | 2014-09-16 |
Case Number | 2056 |
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