Bombay High Court
Manikrao Abaji Thonge
Versus
State of Maharashtra
Decided On:

Headnote:(i) Prevention of Corruption Act, 1947 Section 4 - Accused admitting acceptance of an amount - Presumption u/s. 4 - Burden shifts upon the accused to establish his defence by preponderance of probabilities: (Para 7)

       (ii) Prevention of Corruption Act, 1947 Criminal Procedure Code, 1973 – Section 294(3) - Sanction for prosecution under the Act - Validity challenged - Accused consented to the sanction order being proved u/r. 294 of the Code - Validity of the order not to be challenged at this stage. (Para 9)

       (iii) Prevention of Corruption, Act; 1947 Section 5.A - Mandatory provision - Investigation - Conducted by the Inspector of Police and not a Deputy Superintendent of Police - Violation of section 5-A. Not to affect the competence and. jurisdiction of the court - for trial where the cognizance has already been taken; (Bhajan Lal's Case; A.I.R. 1992 S.C. 1604: followed) (Para 10)

       (iv) Indian Penal Code, 1860 – Section 161 - Prevention of Corruption Act, 1947 - Section's 5(1)(d) r/ws 5(2) -Illegal gratification received after the official act is done. An offence u/s.161 - Once it is shown that the amount has been received by a public servant by abusing it is position as a public servant and it is received by corrupt or illegal means, the offence is complete. (Para 12)

       Result: Appeal dismissed.