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URMILA JOSHI-PHALKE
Bhaurao S/o Raghoji Ingole – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
URMILA JOSHI-PHALKE, J.
1. The appellant (accused) has challenged judgment and order of conviction and sentence dated 31.8.2005 passed by learned Special Judge, Washim (learned Judge of the trial court) in Special Case No. 2/2002 whereby the accused is convicted for offence punishable under Section 7 of the Prevention of Corruption Act, 1988 and sentenced to suffer rigorous imprisonment for three years and to pay fine Rs. 5000/- in default, to suffer further simple imprisonment for three months. He is also convicted for offence punishable under Section 13(1)(d) read with 13(2) of the said Act and sentenced to suffer rigorous imprisonment for five years and to pay fine Rs. 5000/- in default, to suffer further simple imprisonment for six months.
2. Brief facts of the prosecution case are as under:
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 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.
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....
Demand and acceptance of illegal gratification must be established beyond reasonable doubt to sustain charges under the Prevention of Corruption Act.
Proof of demand for illegal gratification is essential to establish corruption charges under Sections 7 and 7A of the Prevention of Corruption Act, with mere return of money not sufficient without es....
Demand and acceptance of illegal gratification are essential to establish offences under Sections 7 and 13(1)(d) of the Prevention of Corruption Act; mere recovery of tainted money is insufficient fo....
Demand and acceptance of illegal gratification are essential for establishing the offence under Section 7 of the PC Act, and the prosecution must prove the demand of gratification beyond reasonable d....
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