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U. J. PHALKE
Prabhat – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
1. These two appeals are heard together and disposed of by this common judgment since these appeals arise out of the same judgment and order of conviction and sentence dtd. 21/7/2014 passed by learned Special Judge, Chandrapur (learned Judge of the trial court) in Special ACB Case No.10/2008.
2. By the said judgment and order of conviction, appellant Prabhat s/o Ram Ambhulkar is convicted for offence punishable under Sec. 7 of the Prevention of Corruption Act, 1988 (of the said Act) and sentenced him to suffer rigorous imprisonment for one year and to pay fine Rs.500.00, in default, to suffer rigorous imprisonment for three months.
Appellant Prabhat s/o Ram Ambhulkar, is also convicted for offence punishable under Sec. 13(1)(d) read with Sec. 13(2) of the said Act and sentenced him to suffer rigorous imprisonment for two years and to pay fine Rs.1000.00, in default, to suffer rigorous imprisonment for six months.
Appellant Prashant s/o Shankar Chatreshwar, is convicted for offence punishable under Sec. 12 of the said Act and sentenced him to suffer rigorous imprisonment for one year and to pay fine Rs.500.00, in default, to suffer rigorous imprisonment for three months.
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.
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.
Proof of demand for bribe is essential for conviction under the Prevention of Corruption Act; mere recovery of money is insufficient without corroborative evidence.
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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