Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | attempted to give bribe benefit of doubt Prevention of Corruption Act 1988 s. 12 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Prevention of Corruption Act, 1988- s. 12 -Allegation that appellant attempted to give bribe to ADM, Bharmour for inducing him, a public servant, to exercise his influence to give appellant supply orders for the supply of double-decker beds by corrupt or illegal means - Trial Court acquitted the appellant by giving him benefit of doubt - High Court set aside the judgment of trial Court, and convicted appellant u/ s. 12 - Propriety of - Held: On facts, proper, as charges made against the appellant were proved by the prosecution - High Court discussed the evidence of PWs as also DWs and recorded a conclusive finding about the guilt of the appellant accused on analyzing the entire evidence - Even if part of investigation was carried out by an ASI (PW-7), it cannot be said to be illegal - No serious prejudice was caused to appellant by reason of the investigation carried out - High Court rightly pointed out that Bharmour being a tribal area, there is a single line administration and lot of power is vested with the Resident Commissioner since the heads of various departments or competent authorities are not available in Bharmour, and at that time the ADM-complainant was also the Resident Commissioner, Bharmour- Trial Court did not consider the gravity of the offence as contemplated under the 1988 Act. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2014 INSC 509 |
Petitioner | Narinder Singh |
Respondent | State Of Himachal Pradesh |
SCR | [2014] 13 S.C.R. 609 |
Judgement Date | 2014-07-25 |
Case Number | 1564 |
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