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(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Prevention of Corruption Act, 1988 – ss.7, 13(2) r/w 13(1)(d) – Appellant-accused was Sanitary Inspector in 8th Ward of Madurai Municipal Corporation – Case of prosecution that he demanded Rs.500/- and a cell phone as illegal gratification from PW-2, to send his report for extension of work, working as Supervisor in an Organisation which was given sanitation work on contract basis in the aforesaid ward – Trial court acquitted the appellant – Acquittal reversed by High Court – On appeal, held: There are material contradictions in the deposition of key witnesses – Demand for and acceptance of bribe amount and cell phone by the appellant not proved beyond reasonable doubt – Mere recovery of tainted money, divorced from the circumstances under which such money and article is found is not sufficient to convict the accused when the substantive evidence in the case is not reliable – Acquittal recorded by the trial court is a possible view – Judgment of the High Court set aside – Code of Criminal Procedure, 1973 – s.378. |
Judge | Hon'ble Mr. Justice R.Subhash Reddy |
Neutral Citation | 2021 INSC 60 |
Petitioner | N. Vijayakumar |
Respondent | State Of Tamil Nadu |
SCR | [2021] 2 S.C.R. 63 |
Judgement Date | 2021-02-03 |
Case Number | 100-101 |
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