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VINEET SARAN, J. K. MAHESHWARI
Rajesh Gupta – Appellant
Versus
State Through Central Bureau of Investigation – Respondent
| Table of Content |
|---|
| 1. conviction of appellant under pc act. (Para 1 , 2 , 3) |
| 2. details of alleged bribe demands. (Para 5 , 6 , 7) |
| 3. details of cbi's trap procedure. (Para 8 , 14) |
| 4. evidentiary standards for audio recordings. (Para 11 , 13) |
| 5. evidence of demand needed to prove corruption. (Para 16 , 17 , 20) |
| 6. insufficient evidence leads to acquittal. (Para 18 , 21) |
| 7. final decision: acquittal of appellant. (Para 22) |
ORDER :
2. The appellant is an accused in a corruption case under the PC Act. As per prosecution allegations, the appellant, who was the Assistant Commissioner of Income Tax, Circle 20(1) at the concerned point of time demanded and accepted the bribe of Rs.15,000/ from the complainant PW3 Madhu Bala in regard to scrutiny of her case, which was pending with the appellant.
4. We have heard Mr. V. Giri, learned senior counsel for the appellant and Ms. Aishwarya Bhati, learned Additional Solicitor General, appearing for the respondent at length and have perused the record.
6. The complainant then approached Central Bureau of Investigation (CBI) through some highlevel connection of her (whose name she did not disclose), and then on 09.03.2000 she visited the office of the CBI an
The prosecution must prove demand and acceptance of bribe beyond reasonable doubt; mere recovery of currency notes is insufficient for conviction under the Prevention of Corruption Act.
Requirement to prove demand and acceptance of illegal gratification under the Prevention of Corruption Act is critical for conviction; mere recovery of money is insufficient.
When clouds of doubt arises on the part of the prosecution, the benefit of doubt is always accrued on the part of the accused alone, which is the cardinal principle of criminal justice delivery syste....
The prosecution must prove the demand and acceptance of a bribe beyond a reasonable doubt, and the invocation of Section 20 of the Prevention of Corruption Act is essential for establishing the offen....
Proof of demand and acceptance of bribe by public servants is essential for conviction under the Prevention of Corruption Act, established through testimonies and corroborative evidence.
The prosecution must prove the demand, acceptance, and recovery of illegal gratification, and once these foundational facts are proved, there is a presumption under Section 20 of the Prevention of Co....
The prosecution must prove both the demand and acceptance of illegal gratification to substantiate a conviction under the Prevention of Corruption Act; mere recovery of bribe money without proven dem....
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