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. 7 r/w. ss. 13(1)(d) and 13(2) s.20 |
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. 7 r/w. ss. 13(l)(d) and 13(2), s.20~ Demand of illegal gratification by public servant — Trap arranged — Accused caught red-handed ~ Phenolphthalein test positive — Conviction by trial court and sentence of 2 years — High Court upheld the conviction while reducing the sentence to 1 year — On appeal, held: Demand and voluntary acceptance of illegal gratification is proved by evidence beyond reasonable doubt — Conviction upheld. :5.20 — Presumption under — For drawing the presumption, the premise to be established is that there was demand, payment and acceptance of gratification ~ Once this premise is established, the inference to be drawn is that the gratification was accepted “as motive or reward” for doing or forbearing to do any official act. Words and Phrases — ‘Gratification’ - Meaning of, in the con- text of Prevention of Corruption Act, 1988. |
Judge | Hon'ble Mr. Justice R.K. Agrawal |
Neutral Citation | 2016 INSC 498 |
Petitioner | Mukhtiar Singh |
Respondent | State Of Punjab |
SCR | [2016] 4 S.C.R. 995 |
Judgement Date | 2016-07-05 |
Case Number | 618 |
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