NDLI: Dashrath Singh Chauhan Vs. Central Bureau of Investigation

Content Provider	Supreme Court of India
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	Indian Penal Code (45 of 1860) 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 and 13(2) r/w13(1) (d) – Conviction under – When not proper – Complainant(PW-1) lodged FIR against the appellant and co-accused, bothemployees of Delhi Electricity Supply Undertaking (DESU)complaining that appellant demanded bribe – The bribe money wasnot accepted by the appellant, who asked complainant to give it tothe co-accused – Trial court acquitted both the accused of the chargeof conspiracy u/s.120-B, IPC however, convicted the appellant foroffences u/ss.7 and 13(2) r/w s.13(1)(d) of the 1988 Act – HighCourt affirmed the judgment of the Trial Court – On appeal, held:When the charge against both the accused in relation to conspiracywas not proved and both the accused were acquitted from the saidcharge which resulted in acquittal of the co-accused from all thecharges under the 1988 Act, a fortiori, the appellant too was entitledfor his clean acquittal from the charges under the PC Act –Prosecution failed to prove the factum of acceptance of bribe moneyby the appellant from the complainant as per the charges framedagainst him – In order to attract the rigors of ss.7, 13(2) r/w 13(1)(d)of the 1988 Act, the prosecution was under legal obligation to provethe twin requirements of “demand and acceptance of bribe moneyby the accused”, the proving of one alone but not the other was notsufficient – Appellant entitled for acquittal from the charges framedagainst him under the PC Act too – Impugned judgment set aside –Conviction and the sentence awarded to the appellant u/ss.7,13(2) r/w s.13(1)(d) of the 1988 Act by the Courts below set aside
Judge	Hon'ble Mr. Justice Abhay Manohar Sapre
Neutral Citation	2018 INSC 940
Petitioner	Dashrath Singh Chauhan
Respondent	Central Bureau Of Investigation
SCR	[2018] 12 S.C.R. 914
Judgement Date	2018-10-09
Case Number	1276

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