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 – s.8 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Prevention of Corruption Act, 1988 (49 of 1988) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Prevention of Corruption Act, 1988 – s.8 – Conviction under– When not sustainable – PW-4 complained that when he hadapproached Indian Airlines Office for reservation of a seat, anAirlines employee advised him to contact Appellant – Appellant toldhim that though, there was long waiting list but he can arrange aconfirmed ticket and demanded Rs.2,100/- as against the actualfair of Rs. 1646/- – Appellant convicted u/s.8 – Held: Evidenceadduced by the prosecution is vague as to for whom the appellantdemanded the money and whether the person for whom the appellantdemanded and received the money was a public servant – Thoughthe receiver of the money may not be a public servant, like in thepresent case, the prosecution has to establish that the amount wasreceived for inducing a public servant for doing something in hisofficial capacity – In the absence of evidence to show that theappellant received money to induce a public servant to get theconfirmation of the ticket, the conviction of the appellant cannotbe sustained and he is acquitted.Prevention of Corruption Act, 1988– s.8– Offence under–Factors to be proved– Discussed. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2018 INSC 683 |
Petitioner | Babji |
Respondent | State Of Andhra Pradesh |
SCR | [2018] 9 S.C.R. 1060 |
Judgement Date | 2018-08-09 |
Case Number | 2159 |
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