Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | prevention of corruption |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Prevention of Corruption Act, 1947 (2 of 1947) |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Prevention of Corruption Act, 1947 : Sections 4 and 5-Charge of receiving iilegal gratification -Trap case-Huge amount of money found in the possession of accused-Explaining the circumstances and proving innocence-Burden of proof-Whether shifted on accused. The petitioner, an Excise Sub-Inspector, was charged with the offence of accepting an amount of Rs. 50,000 as Illegal gratification from an arrack contractor. The defence of the petitioner was that the Contractor offered him the said amount towards arrears of rental, stating that he could not deposit the amount in Bank since the banking hours were over on that day. Despite his refusal to accept the same and requesting that it may be remitted in Bank the following day, the Contractor placed the cover containing the said amount on the table of the petitioner, it was claimed. The trial court disbelieved the defence version and convicted the petitioner and sentenced him to undergo two years rigorous imprisonment and a fine of Rs. 2000 and in default thereof, to undergo 2 months simple imprisonment. On appeal, the High Court confirmed the conviction and sentence awarded by the trial court. Aggrieved against the said order, the petitioner has preferred the present special leave petition, raising the same grounds as were urged before the Courts below. |
Judge | Hon'ble Mr. Justice N.M. Kasliwal |
Neutral Citation | 1992 INSC 92 |
Petitioner | B. Hanumantha Rao |
Respondent | State Of A.p. |
SCR | [1992] 2 S.C.R. 358 |
Judgement Date | 1992-03-26 |
Case Number | 2369 |
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