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U. J. PHALKE
Sanjay Ramdas Kalmegh – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
1. Being aggrieved and dissatisfied with judgment and order of conviction and sentence dtd. 31/8/2005 passed by learned Special Judge, Khamgaon (learned Judge of the trial court) in Special Anti Corruption Case No.01/2003, the appellant (accused) has preferred this appeal.
2. By the said judgment impugned, the accused is convicted for offence punishable under Sec. 7 of the Prevention of Corruption Act, 1988 (the said Act) and sentenced to suffer simple imprisonment for six months and to pay fine Rs.500.00, in default, to suffer further simple imprisonment for two months.
He is also convicted for offence punishable under Sec. 13(1)(d) read with Sec. 13(2) of the said Act and sentenced to suffer simple imprisonment for one year and to pay fine Rs.1000.00, in default, to suffer further simple imprisonment for three months.
3. In brief, the prosecution case runs as follows:
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....
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.
Evidence of demand and acceptance is crucial for conviction in corruption cases; mere recovery of money is insufficient without proof of illegal gratification.
The main legal point established in the judgment is the requirement to prove the demand and acceptance of illegal gratification beyond reasonable doubt, and the permissibility of drawing inferential ....
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 prosecution must prove the demand and acceptance of illegal gratification beyond reasonable doubt to establish the guilt of the accused under the Prevention of Corruption Act.
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