Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Statutory presumption Appeal against conviction Prevention of Corruption |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Prevention of Corruption Act, 1988 - s. 7, s.13(1)(d) rlw s. 13(2) and s. 20 - Conviction of accused-appellant u(s. 7 and u/s.13(1)(d) r/w s.13(2) - Justification of - Held: On facts, justified - Demand and acceptance of illegal gratification is a condition precedent for constituting an offence under the Act - Statutory presumption u/s.20 can be dislodged by the accused by bringing on record some evidence, either direct or circumstantial, that money was accepted other than for the motive or the reward - In the case at hand, explanation offered by the appellant does not deserve any acceptance - Considering the nature of his work, it is evident that appellant was in a responsible position and capable of granting official favour to the complainant - Defence story of appellant borrowing money from DW1 and repaying Joan to the complainant in presence of DW1 concocted and totally improbable - Prosecution established the factum of recovery from the appellant and also proved the demand and acceptance of illegal gratification by appellant as motive/ reward for showing official favour to the complainant. Prevention of Corruption Act, 1988 - s. 20 - Statutory presumption under - Can be dislodged by the accused by bringing on record some evidence - Duty of the Court in this regard - Held: When some explanation is offered, the court is obliged to consider the explanation u/s. 20 - Consideration of the explanation has to be on the touchstone of preponderance of probability - It is not to be proven beyond all reasonable doubt. Appeal - Appeal against conviction - Dismissed - Dismissal challenged - Plea of accused-appellant that the appellate Court (High Court) should not have decided the appeal on merits in absence of the appellant's counsel - Held: Not tenable :The court deciding the criminal appeal is not bound to adjourn the matter if both the appellant or his counsel lawyer are absent though the court may, as a matter of prudence or indulgence, do so - It can dispose of the appeal after perusing the record and judgment of the trial court - It cannot be said that the ·court cannot decide a criminal appeal in absence of the counsel for the accused- appellant. Sentence /Sentencing - Appellant convicted and sentenced by courts below under provisions of the Prevention of Corruption Act for committing criminal act relating to demand and acceptance of bribe - Plea of appellant before Supreme Court for reduction of the period of sentence to the period already undergone in custody - Held: Not tenable - Relevant statutory provisions under the Prevention of Corruption Act provide for a minimum sentence - Where minimum sentence is provided, it is not appropriate to exercise jurisdiction under Article 142 of the Constitution to reduce the sentence on the ground of any mitigating factor - However, regard being had to the age and ailments of the accused-appellant, sentence of imprisonment u/s.13(1)(d) r/w s.13(2) reduced from two years (as imposed by High Court) to the statutory minimum sentence of one year - Prevention of Corruption Act, 1988 - s. 7 and s.13(1){d) r/w s.13(d) - Constitution of India, 1950 - Article 142. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2013 INSC 131 |
Petitioner | K.s. Panduranga |
Respondent | State Of Karnataka |
SCR | [2013] 4 S.C.R. 155 |
Judgement Date | 2013-03-01 |
Case Number | 373 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |