Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Corruption Act 1974 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Indian Evidence Act, 1872 (1 of 1872) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Prevention of Corruption Act - Uncorroborated testimony of trap witness, whether sufficient foundation for conviction - Evidence Act S. 8, conduct of accused confronted by police officer during investigation, admissibility - Whether excluded by s. 162 Cr. P.C. 1974. Prakash Chand an Overseer - Section Officer in the Delhi Development Authority office, was charged under s. 5(1)(d) read with s. 5(2) of the Prevention of Corruption Act and s. 161 IPC, for demanding and acccepting Rs. 30/- bribe from the trap witness Ram Niwas Sharma, an architect, for permitting him to make some necessary corrections in the building plans submitted by him to comply with certain objections raised by the D.D.A. On a report by Shri Sharma, an Inspector of Anti-Corruption Establishment, accompanied him to the D.D.A. office, with two panch witnesses and on receiving a pre-arranged signal, entered the room and challenged the accused who was stunned and kept mum. Then three pre-marked ten rupees notes were found in the file dealing with Sharma's matter, the file was found under the table and the accused had his foot on it. The panch witnesses did not fully support the prosecution case. They resiled from their earlier statements made in the course of investigation, were treated as hostile by the prosecution, and were disbelieved by the Courts. The accused was duly tried, convicted and sentenced, and the conviction was upheld by the High Court. It was contended that the uncorroborated testimony of a trap witaess was not sufficient to found the conviction, and also that the evidence relating to the conduct of the accused when challenged by the police inspector, was excluded by s. 162 Cr. P.C. 1974 and was inadmissible in evidence. |
Judge | Hon'ble Mr. Justice O. Chinnappa Reddy |
Neutral Citation | 1978 INSC 234 |
Petitioner | Prakash Chand |
Respondent | State (delhi Administration) |
SCR | [1979] 2 S.C.R. 330 |
Judgement Date | 1978-11-20 |
Case Number | 193 |
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