Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Corruption Act 13(2) rw s. 13(1)(d) 1988 - ss. 7 |
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 - ss. 7, 13(2) rw s. 13(1)(d) - Conviction under, for demanding and accepting bribe - Acquittal by High Court relying on Hari Dev Sharma's case that since part of prosecution case version about demand and acceptance not proved, remaining part of the case cannot be accepted - Sustainability of - Held: Not sustainable - In Hari Dev Sharma's case no rule of universal application laid down that whenever a part of case relating to demand and acceptance is not acceptable, whole case would fail even if case relating to trap, recovery of money and chemical test by prosecution is established - When part of prosecution version relating to demand and acceptance of bribe stands by itself, ratio of decision not applicable. Precedents -Applicability of- General principles - Held: Courts should not place reliance on decisions without discussing as to how the factual situation fits in with the fact situation of the decision on which reliance is placed - Observations of Courts are neither to be read as Euclid's theorems nor as provisions of statute - It must be read in the context in which they appear to have been stated. Prosecution case was that the respondent-Excise Inspector demanded Rs. 4,000/- as bribe from the complainant. It accepted Rs. 2,000/- as bribe. Subsequently, a trap was laid and accused was caught receiving bribe from the complainant. Trial court convicted and sentenced the respondent under sections 7, 13(2) read with sections 13(1)(d) of Prevention and Corruption Act, 1988. High Court relying on decision by this Court in Hari Dev Sharma vs. State (Delhi Admn.), acquitted the respondent since first part of prosecution version about demand and acceptance was not proved, the remaining B part of the case could not be accepted. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 341 |
Petitioner | State Of A.p. |
Respondent | M. Radha Krishna Murthy |
SCR | [2009] 4 S.C.R. 67 |
Judgement Date | 2009-03-06 |
Case Number | 386 |
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