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 |
Act(s) Referred | Prevention of Corruption Act, 1988 (49 of 1988) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Prevention of Corruption Act, 1988 – ss.7 and 13(2) r/w.s.13(1)(d) – Prosecution case was that Deputy Commercial TaxOfficer (PW-4) along with A-1, who was then working as AssistantCommercial Tax Officer, inspected a grocery shop (owned by fatherof PW-2) and seized the accounts book – PW-2 approached A-1 toreturn the accounts book for which A-1 demanded bribe – PW-2lodged a complaint before Anti-corruption wing – Trap was arrangedto catch the accused – Accordingly, PW-2 went to the office of A-1where A-1 asked him whether he brought the money and when PW-2 stated that he brought the money, A-1 asked PW-2 to pay themoney to A-2 and directed A-2 to receive the money – Trap teamtook the sodium carbonate test, which led to arrest of A-1 and A-2– Trial Court convicted both accused u/ss.7 and 13(1)(d) of theAct, and sentenced them to undergo rigorous imprisonment for twoyears – However, High Court reduced the sentence to one yearimprisonment – On appeal, held: PW-2 clearly stated in his statementabout demand and acceptance of bribe amount by A-1 and A-2 –PW-3, the accompanying witness clearly supported prosecution case– Furthermore, the evidence of PW-6, the office assistant, alsocorroborated the version of PW-2 – Courts below, rightly foundaccused guilty on basis of the evidence of PW-2 and test conductedin the sodium carbonate solution. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2018 INSC 809 |
Petitioner | Kannan |
Respondent | State Rep. By Inspector Of Police |
SCR | [2018] 11 S.C.R. 650 |
Judgement Date | 2018-09-12 |
Case Number | 1580 |
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