Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Corruption Act 1988 – ss. 7 and 13(1)(d) |
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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Prevention of Corruption Act, 1988 – ss. 7 and 13(1)(d) –Illegal gratification – On facts, accused no. 1 demanded bribe fromthe complainant, trap arranged and tainted currency notes seizedfrom accused no. 2 – Trial court held that the demand andacceptance of illegal gratification proved by the prosecution byevidence of the complainant and prosecution witness as alsopresence of anthracene powder with the accused – Conviction ofboth the accused u/s. 7 and 13(1)(d) and sentenced accordingly –High Court holding that there was no recovery from accused no. 1,acquitted the accused – On appeal, held: Since it is establishedthat accused was possessing the bribe money, it was for them toexplain that how the bribe money has been received by them and ifhe failed to offer any satisfactory explanation, it would be presumedthat he has accepted bribe – Accused have not offered anyexplanation to rebut the presumption u/s. 20 – Evidence of thecomplainant that accused demanded bribe appears to be natural –When the findings recorded by the trial court is based uponappreciation of evidence, the High Court was not right in reversingthe judgment of the trial court – Thus, the order passed by the HighCourt set aside. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2018 INSC 613 |
Petitioner | The State Of Gujarat |
Respondent | Navinbhai Chandrakant Joshi Etc. |
SCR | [2018] 9 S.C.R. 329 |
Judgement Date | 2018-07-17 |
Case Number | 895 |
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