NDLI: Soundarajan Vs. State Rep. By The Inspector of Police Vigilance Anticorruption Dindigul

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Prevention of Corruption Act 1988 charge Effect of omission to frame or absence of Illegal grat ification or error in
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Criminal Procedure, 1973 (2 of 1974) 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 : ss. 7, 13(1)(d), r/w 13(2) – Illegal gratification – Appellant-Sub-Registrar demanded gratification of Rs.500/- from the complainant-PW 2, for handing over the registered sale deed – Complaint filed – Trap laid and in presence of shadow witness PW-3, the appellant caught redhanded while accepting the bribe – However, complainant did not support the prosecution and was declared hostile – Trial court convicted and sentenced the appellant for the offences punishable u/s 7 and s. 13(2) r/w s. 13(1)(d) – Upheld by the High Court – On appeal, held : To attract s. 7, the demand for gratification has to be proved by the prosecution beyond a reasonable doubt – It is not a simple demand for money, but it has to be a demand for gratification – On facts, the complainant did not support the prosecution – In his examination-in-chief, he did not say anything about the demand made by the appellant – PW-3 did not say that the appellant made a specific demand of gratification in his presence to PW-2 – No circumstantial evidence of demand for gratification – Thus, the offences punishable u/s. 7 and s. 13(2) r/w s. 13(1)(d) not established – Furthermore, there was omission or error to frame charge, which may lead to acquittal – Thus, the impugned judgment quashed and set aside – Code of Criminal Procedure, 1973 – s. 464. Code of Criminal Procedure, 1973: s. 464 – Effect of omission to frame or absence of, or error in, charge – Held: Under s. 464, omission to frame a charge or any error in charge is never fatal unless, in the opinion of the Court, a failure of justice has in fact been occasioned thereby – Instant case is of omission to frame a proper charge, and whatever charge has been framed is, per se defective – However, by reason of the said omission, the accused not prejudiced insofar as his right to defend is concerned.
Judge	Hon'ble Mr. Justice Abhay.S. Oka
Neutral Citation	2023 INSC 377
Petitioner	Soundarajan
Respondent	State Rep. By The Inspector Of Police Vigilance Anticorruption Dindigul
SCR	[2023] 4 S.C.R. 133
Judgement Date	2023-04-17
Case Number	1592

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Soundarajan Vs. State Rep. By The Inspector of Police Vigilance Anticorruption Dindigul

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Soundarajan Vs. State Rep. By The Inspector of Police Vigilance Anticorruption Dindigul

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