Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Coffuption Act 1860 - s. 1208 1988 - s~ 12 - Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Prevention of Coffuption Act, 1988 - s~ 12 - Penal Code, 1860 - s. 1208 - Conspiracy to execute sting operation involving the giving of bribe to a Union Minister in retum for certain favours so as to discredit him on the eve of State Assembly elections and thereby bring political advantage to . a rival of the Union Minister - Criminal charges against appellants - Quash;ng of - Refusal by High Court - Propriety - Held: Whether commission of offence uls.12 of the PC Act rlw s. 1208 /PC hacl been occasioned by acts attributed to the appellants or not, ideally, is a matter that can be determined ' on/9 after evidence in the case is recorded - Whether the operation was really a journalistic exercise and giving of bribe to A-1. was a mere sham or pretence or whether giving of the bribe was with expectation of favours in connection with mining projects, are questions that can only be answered by the evidence of the parties which is yet to come - Such facts cannot be a. matter of an assumption - Why in the present case thety was a long gap (nearly 12 days) between the sting circulation thereof to the public is another operation and relevant iacet of the case that would require examination .- 1 nherent possibilities. of abuse of the operqtion as videographed, namely, retention and use thereof to ensure delivery of the favours assured by the receiver of the bribe has to be excluded before liability can be attributed or excluded - This can happen only after the evidence of witnesses is recorded - Also, merely because in the charge-sheet it is stated that the accused had undertaken the A operation to gain political mileage cannot undermine the importance of proof of the aforesaid facts to draw permissible conclusions on basis thereof as regards the criminal intent of the accused in the present case - Prima facie materials available for fuller probe into the precise role of appellants in ยท B the alleged conspiracy - Order of the High Court refusing to interfere with the charges framed against the accused- . appellants therefore fully justified.Criminal Law - Crime detection - Proof of criminal acts - Sting operation - ff recognized as a legal method of law C enforcement - Position in India and in certain foreign jurisdictions discussed. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2014 INSC 318 |
Petitioner | Rajat Prasad |
Respondent | C.b.i |
SCR | [2014] 8 S.C.R. 636 |
Judgement Date | 2014-04-24 |
Case Number | 747 |
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