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1976 Supreme(SC) 518

P.N.BHAGWATI, S.MURTAZA FAZAL ALI
S. K. Kale – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
H.R.KHANNA, M.N.SHROFF, Manju Jetley, P.H.Parekh

Judgment

FAZL ALI, J.:- Corruption and nepotism is so rampant in our society of today, and more particularly in the services, that the Indian Penal Code was not considered sufficient to meet this menace, and the Prevention of Corruption Act, 1947(Act II of 1947) -hereinafter referred to as the Act- had to be enacted and amended from time to time to stamp out this evil. This is an appeal by special leave directed against the judgment of the Bombay High Court affirming the conviction of the appellant under Section 5 (1) (d) read with Section 5 (2) of the Act and the sentence of six months rigorous imprisonment passed by the Special Judge, Bombay.

2. The facts of the present case are more or less undisputed and are the least complicated and, therefore, they fall within a very narrow compass, and by and large we have to examine whether or not the inferences drawn by the High Court from the proved facts are legally correct and lead to only one hypothesis, namely, that the accused is guilty.

3. It may be necessary to give a resume of the prosecution case before indicating the evidence and the circumstances relied upon by the courts below in convicting the appellant. The appellant was a seni



































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