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 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Section 20-Presumption-Nature of-Held: ls an inference of a certain fact drawn from other proved facts and could be either legal or compulsory-Unless such presumption is disproved or dispelled or rebutted it could be treated as tantamounting to proof-But presumption rebuttable only by proof and not by a plausible explanation. Section 20(1 )-Presumption-Mode of proof-Held: Direct evidence is one of the modes through which a presumption could be proved-But this is not the only mode. Sections 7 and 13(1)(d) r/w S. 13(2)-Bribery-Presumption under Applicability of-Assistant Commercial Tax Officer (A-1) demanded bribe from complainant for issuing way bills to him-Complainant agreed but reported the matter to Anti corruption Bureau-Trap laid-Complainant on direction of A-1 paid the money to his Junior Assistant (A-2)-Money subsequently recovered from A-2-Trial court convicted A-1 and A-2-High Court affirmed the conviction-Correctness of-Held: Involvement of both the accused in a well-planned and cleverly managed device to systematically collect money stood sufficiently established-Belated plea that the money was received towards advance tax rejected-On the contrary complainant was entitled to some refund-Conviction upheld. Section 7 Explanation (b) and S. 20-Gratification-Meaning of-Held: Different dictionaries gave different meanings to the word "gratification"- But that meaning which would be more appropriate to the context has to be found out-The Oxford dictionary meaning "to give pleasure or satisfaction to" was the most appropriate meaning of the word "gratification".-Evidence Act, 1872. Prevention of Corruption Act, 1947: Section 4-Presumption-Factual or discretionary-Drawing of-Held: Court has absolute discretion to presume the existence of any fact-However, Such presumption should not be used to draw yet another discretionary presumption unless there was a statutory compulsion. Evidence Act, 1872: Section 154-Witness-Cross-examination of-Prosecution witness partially resiled from his earlier statement and did not fully support the prosecution version-Such witness was later cross-examined and contradicted with the leave of court-Creditworthiness of witness-Held: Such evidence not to be washed off the record altogether-That part of the testimony of the witness which was creditworthy might be accepted and acted upon. Penal Code, 1860: Section 120-B-Criminal conspiracy-Accused charged with criminal conspiracy to commit an offence-Substantive charge in respect of the said offence also framed-But conspiracy not established-Effect on substantive charge-Held: Accused could be convicted/or the substantive offence although acquitted of the charge of conspiracy. Criminal Trial: Proof-Standard of-Held: Proof of a fact depends upon the degree of probability of its having existed-The standard required for reaching that F supposition is that of a prudent man acting in any important matter concerning him. Words and Phrases: "Gratification"-Meaning of in the context of Section 20 of the Prevention of Corruption Act, 1988. "Proof"-Meaning of in the context of Section 3 of the Evidence Act, 1872. "Shall be presumed", "may presume" and "shall presume"-Meaning of in the context of Section 4 of the Evidence Act, 1872. "Presumption"-Meaning of in the context of Section 114 of the Evidence Act, 1872. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2004 INSC 31 |
Petitioner | T. Shankar Prasad |
Respondent | State Of Andhra Pradesh |
SCR | [2004] 1 S.C.R. 419 |
Judgement Date | 2004-01-12 |
Case Number | 909 |
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