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URMILA JOSHI-PHALKE
Mohan Bhaiyyalal Shrivastava – Appellant
Versus
State of Maharashtra, through its Police Inspector Anti Corruption Bureau – Respondent
JUDGMENT :
1. By this appeal, the appellant (the accused) has challenged judgment and order of conviction and sentence dated 25.4.2005 passed by learned Special Judge, Akola in Special Case No.4/1998 whereby the accused is convicted for offences punishable under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (the said Act).
For offence under Section 7 of the said Act, the accused is sentenced to suffer rigorous imprisonment for six months and to pay fine Rs.500/-, in default, to suffer simple imprisonment for two months.
For offence under Section 13(2) of the said Act, the accused is sentenced to suffer rigorous imprisonment for one year and to pay fine Rs.500, in default, to suffer simple imprisonment for two months.
2. Brief facts of the prosecution case emerges as under:
The demand and acceptance of illegal gratification must be proven for conviction under the Prevention of Corruption Act, and the evidence of the complainant should be corroborated in material particu....
Evidence of demand and acceptance is crucial for conviction in corruption cases; mere recovery of money is insufficient without proof of illegal gratification.
Proof of demand and acceptance of illegal gratification is essential for conviction under the Prevention of Corruption Act; failure to prove these elements results in acquittal.
The demand for illegal gratification must be proven beyond a reasonable doubt for a conviction under the Prevention of Corruption Act, and a valid sanction is essential for prosecution.
Proof of demand for bribe is essential for conviction under the Prevention of Corruption Act; mere recovery of money is insufficient without corroborative evidence.
The essential elements of demand and acceptance of bribe must be proven for conviction under the Prevention of Corruption Act, and the sanction for prosecution must be granted with due application of....
Proof of demand and acceptance of bribe is essential for conviction under the Prevention of Corruption Act; failure to establish these elements leads to acquittal.
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