Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | illegal gratification common intention |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Prevention of Corruption Act, 1988 (49 of 1988) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | PREVENTION OF CORRUPTION ACT, 1988: ss. 7 and 13(1)(d) read with s.13(2) of the Act, read with s. 34 IPC - Demanding and accepting of illegal gratification - Conviction of two accused by courts below - Plea of appellant that he did not demand nor did he receive the amount - Held: It has been established by the evidence on record that both the accused persons were on duty at the relevant time and place, the vehicle was intercepted, tainted currency notes were recovered from co-accused, documents were returned back to complainant and no case for any traffic violation was registered - Conclusion arrived at by trial court that the appellant was involved in commission of the crime, as affirmed by the High Court cannot be found fault with - Penal Code, 1860 - s.34.The appellant and A-2, who were members of Traffic Police, were prosecuted for demanding and accepting illegal gratification. The case of the prosecution was that on 4.1.1994 the vehicle driven by PW-2 was intercepted by the appellant and A-2. The appellant took the documents of the vehicle. A demand for Rs.100 was made to return the documents and not to book any case for traffic violations. PW-2 made a complaint. A trap was laid. A-2 accepted the bribe in presence of the appellant and returned the documents. On signal being given, the trap party reached the place and seized the amount from A-2. The trial court convicted both the accused persons u/ss 7 and 13(1)(d) read with s.13(2) of the Prevention of Corruption Act, 1988 and s. 34 IPC and sentenced each of them to imprisonment for 1 year u/s 7 and 2 years u/s 13(1 )(d) read with s.13(2) of the Act. The High Court affirmed the conviction but reduced the sentence to six months and one year respectively. The SLP of A-2 was dismissed. In the instant appeal, it was contended for the appellant that the prosecution had failed to establish the common intention. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2013 INSC 217 |
Petitioner | Syed Yousuf Hussain |
Respondent | State Of Andhra Pradesh |
SCR | [2013] 2 S.C.R. 528 |
Judgement Date | 2013-04-05 |
Case Number | 539 |
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