Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Corruption Act 1947-s. 13(/)(d) rlw s. 13(2)-Demand |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Prevention of Corruption Act, 1947 - s.13(1)(d) r/w s.13(2) - Demand of illegal gratification - Prosecution for - Trap arranged - Money recovered from the table and not from the person of accused - Defence of false implication on account of animosity - Acquittal by trial court - Conviction by High Court - On appeal, held: In view of the facts of the case, accused liable to be acquitted. Appellant-accused was prosecuted for an offence punishable u/s 13(1)(d) r/w s.13(2) of Prevention of Corruption Act, 1947. Prosecution case was that the accused a village accountant had demanded bribe from PW 6 for effecting mutation entries and for providing revenue documents. On complaint of PW 6, trap was arranged. Two Panchas including PW 4, were engaged. Recovery of the cash by the trap party, was from the table under the files. Immediately thereafter PW 6 was provided with necessary documents. Defence version was that the money had been put on the table surreptitiously and without the knowledge of the accused as the accused had animosity with PW6. Trial Court acquitted the accused holding that prosecution has not been able to prove demand and recovery of money. High Court convicted him. Hence the present appeal. |
Judge | Hon'ble Mr. Justice H.S. Bedi |
Neutral Citation | 2007 INSC 918 |
Petitioner | Ganapathi Sanya Naik |
Respondent | State Of Karnataka |
SCR | [2007] 9 S.C.R. 939 |
Judgement Date | 2007-09-14 |
Case Number | 1218 |
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