Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Corruption Act 13(2) 13(1)(d) - Illegal gratification 1988: ss. 7 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Prevention of Corruption Act, 1988: ss. 7, 13(2), 13(1)(d) - Illegal gratification - Acquittal of appellant by trial court - Reversal of acquittal by High Court - On appeal, held: A letter C was written by complainant to the Department that the appellant had not demanded any money from him when he visited his premises for inspection and the telephonic conversation for demand of money was made but he did not recognize the voice to be that of the appellant - Trial court D relied upon the said fetter and held that appellant was not guilty of the offence - The bag containing illegal gratification was also not recovered from the person of the appellant - Thus, neither acceptance nor recovery of illegal gratification was proved - Trial court was right in holding that presumption E of innocence was in favour of appellant - High Court in exercise of its appellate jurisdiction had exceeded its. parameters in reversing the acquittal order of the trial court - Therefore, findings were not only erroneous in law but also vitiated in law. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2014 INSC 548 |
Petitioner | Satvir Singh |
Respondent | State Of Delhi Through Cbi |
SCR | [2014] 9 S.C.R. 247 |
Judgement Date | 2014-08-20 |
Case Number | 920 |
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