NDLI: Guruviah Vs. The State Represented By The Inspector of Police

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Prevention of Corruption Act Presumption under ss.7 1988 13(1)(d) 13(2) and 12
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Prevention of Corruption Act, 1988 (49 of 1988)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Prevention of Corruption Act, 1988 – ss.7, 13(1)(d), 13(2) and 12 – Appellants (accused nos. 2 & 3) were village assistants in the office of the village administrative officer – PW-2 lodged complaint that the village administrative officer-since deceased (accused no.1) demanded Rs.600/- for signing the necessary papers to facilitate transfer of electric connection in his name – Village administrative officer came to the office along with accused no.3 while accused no.2 waited at the office for both of them – Money was handed over to accused no.2 on the instructions of the village administrative officer – Appellants apprehended by the trap officials immediately thereafter and the money was recovered – Appellants convicted u/ss. 13(1)(d), 13(2) and 12, however acquitted u/s.7 of the 1988 Act and s.109, IPC – On appeal, held: Significance of accused no.2 counting the money before handing it over to accused no.3 who put it in his shirt pocket, lay in the confirmation that the amount was in consonance with the demand, of which naturally the appellants were aware of – It was only after the money as demanded was paid that the accused no.3 filled up the form for transfer of the electric connection in the name of PW-2 and placed it before the village administrative officer who then signed and put his seal on the same – PW-10, Inspector Crime Branch proved the trap proceedings and recovery – Defence of the appellants that they received the money in the bonafide belief that it was towards arrears of land tax is belied by the fact that land tax for the period in question had already been cancelled by the State Government – Taking of a false defence is a further aggravating circumstance against the appellants – Evidently the appellants were in league with the village administrative officer – Prosecution was therefore able to establish prima facie case against the appellants – Acquittal of the appellants u/s.7 of the 1988 Act, in the facts of the present case, is inconsequential and cannot negate the presumption drawn against them – Fact that PW-2 in his chief may not have named accused no.2 is inconsequential – Appellants to surrender forthwith for serving out their remaining sentence – Penal Code, 1860 – ss.7, 109.
Judge	Hon'ble Mr. Justice Navin Sinha
Neutral Citation	2019 INSC 927
Petitioner	Guruviah
Respondent	The State Represented By The Inspector Of Police
SCR	[2019] 10 S.C.R. 746
Judgement Date	2019-08-20
Case Number	1208

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Guruviah Vs. The State Represented By The Inspector of Police

Please Log-in to view this content

Kootha Perumal Vs. State Tr. Inspector of Police, Vigilance & Anti Corruption

Syed Ahmed Vs. State of Karnataka

D. Velayutham Vs. State Rep. By Inspector of Police, Salem Town, Chennai

Krishna Ram Vs. State of Rajasthan

Baliram S/o Irrappa Kamble Vs. State of Maharashtra

C.m. Sharma Vs. State of A.p. Th. I.p.

Nayankumar Shivappa Waghmare Vs. State of Maharashtra

Shanti Lal Meena Vs. State of Nct of Delhi, Cbi

Mukhtiar Singh Vs. State of Punjab

Guruviah Vs. The State Represented By The Inspector of Police

Guruviah Vs. The State Represented By The Inspector of Police

Please Log-in to view this content

Similar Documents

Kootha Perumal Vs. State Tr. Inspector of Police, Vigilance & Anti Corruption

Syed Ahmed Vs. State of Karnataka

D. Velayutham Vs. State Rep. By Inspector of Police, Salem Town, Chennai

Krishna Ram Vs. State of Rajasthan

Baliram S/o Irrappa Kamble Vs. State of Maharashtra

C.m. Sharma Vs. State of A.p. Th. I.p.

Nayankumar Shivappa Waghmare Vs. State of Maharashtra

Shanti Lal Meena Vs. State of Nct of Delhi, Cbi

Mukhtiar Singh Vs. State of Punjab

Guruviah Vs. The State Represented By The Inspector of Police