Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal Procedure Code 1973 Penal Code 1812-Section 161 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Prevention of Corruption Act, 1947 (2 of 1947) Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Criminal Procedure Code, 1973 (Act II of 1974), Sections 211, 212, 213, 214 and 215 - Charge should not be vague and every particular required to be stated must be furnished so that the accused may not be misled and prejudiced. Penal Code, 1812 - Section 161, ingredients of - Presumptions under Section 4(1) of the Prevention of Corruption Act - Scope of Section 4(1) of POCA. .Bhupesh Deb Gupta, the original appellant was tried, found guilty of the charge of receiving Rs. 75/- from one Nikhil Chakraborty on or about 2-12-1961, convicted of an offence under Section 161 I.P .C. and sentenced to suffer rigorous imprisonment for two months. The High Court in appeal, while confirming the conviction under section 161 I.P.C., reduced the sentence to a fine of Rs. 200/ยท only, taking into account the age and the long lapse of time between the date of offence and the date of conviction. During the pendency of the appeal by special leave the original appellant died and therefore, his legal representative was granted leave to continue the appeal under Section 494(2) of the Crl.P.C. |
Judge | Hon'ble Mr. Justice P.S. Kailasam |
Neutral Citation | 1978 INSC 185 |
Petitioner | Bhupesh Deb Gupta (dead) By L.rs. |
Respondent | State Of Tripura |
SCR | [1979] 1 S.C.R. 906 |
Judgement Date | 1978-09-22 |
Case Number | 74 |
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