Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Corruption Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Prevention of Corruption Act, 1988 - s.13(2) - Demand of illegal gratification of Rs.3001- by Patwari for recording entry in mutation register - Conviction and sentence of rigorous imprisonment for two years - Upheld by High Court - Conviction challenged by taking plea of animosity between the parties - Held: High Court analysed the evidence in great detail to show that the alleged animosity was not established - Two witnesses referred to the factual scenario in detail - Nothing discrepant was brought on record to cast any doubt on the credibility of their evidence - However, on facts, custodial sentence of one year, which is minimum prescribed, would meet the ends of justice - Sentence/Sentencing. According to the prosecution, the appellant while working as a Patwari demanded illegal gratification of Rs.3001- for recording entry in the mutation register. The Trial Court convicted the appellant u/s.13(2) of the Prevention of Corruption Act, 1988 and sentenced him to undergo rigorous imprisonment for two years. High Court upheld the conviction. Before this Court, the appellant challenged his conviction by taking the plea of alleged animosity between the parties. He contended that he had not accepted any money and that the complainant had a grudge against him. The appellant also submitted that the occurrence took place in the year 1990, and more than 19 years have passed since then, therefore, the sentence needed to be appropriately reduced. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 74 |
Petitioner | Surain Singh |
Respondent | State Of Punjab |
SCR | [2009] 1 S.C.R. 643 |
Judgement Date | 2009-01-27 |
Case Number | 156 |
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