NDLI: V. Sejappa Vs. The State By Police Inspector Lokayukta, Chitradurga

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Prevention of Corruption Act 1988 Acquittal by trial court illegal gratification
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 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Prevention of Corruption Act, 1988: ss.7, 13(1)(d), 13(2) — Allegation of demand and acceptance of illegal gratification of Rs,5000/- to do an official act in connection with issuance of NOC to the complainant to process his pension papers ~ Acquittal by trial court on the ground that prosecution failed to prove demand and acceptance and that no sanction order for prosecution of appellant was obtained — On State's appeal, acquittal set aside — Appeal against conviction — Held: Sanction Order was obtained from PW-8, the Under Secretary to Government, PWD — Considering the evidence of PW-8, the High Court was right in holding that there was a valid sanction to prosecute the appellant — Jn the case at hand, all that was established by the prosecution was the recovery of money from the appellant and mere recovery of money was not enough to draw the presumption u/s.20 of the Act — Absence of proof of demand coupled with PW- 2's evidence that the amount was paid by PW-1 to the appellcnt towards purchase of diesel raised serious doubts about the amount being paid by PW-1 as illegal gratification — High Court neither considered the defence plea of alibi nor it held that the decision of the trial court was erroneous or perverse — Evaluation of evidence made by trial court while recording an order of acquittal did not » suffer from any infirmity and the grounds on which the order of acquittal was based cannot be said to be unreasonable — While so, High Court was not justified in interfering with the order of acquittal. s.20 — Presumption under — Held: The initial burden of proving that the accused accepted or obtained the amount other than legal remuneration is upon the prosecution — It is only when this initial burden regarding demand and acceptance of illegal gratification is successfully discharged by the prosecution, then the burden of
Judge	Honble Mr. Justice Dipak Misra Hon'ble Ms. Justice R. Banumathi
Neutral Citation	2016 INSC 305
Petitioner	V. Sejappa
Respondent	The State By Police Inspector Lokayukta, Chitradurga
SCR	[2016] 2 S.C.R. 525
Judgement Date	2016-04-12
Case Number	747

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V. Sejappa Vs. The State By Police Inspector Lokayukta, Chitradurga

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