ANANYA BANDYOPADHYAY
Banshidhar Singh – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT
Ananya Bandyopadhyay, J.—The instant criminal appeal is preferred by the appellant being aggrieved by and dissatisfied with the judgment and order dated 03.03.2003 passed by Learned Additional Sessions Judge, 1st Special Court, Burdwan in Special Case No. 8 of 1998 whereby the appellant was held guilty of offences punishable under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 and sentenced to suffer rigorous imprisonment for a period of five (5) years and to pay a fine of Rs.3,000/-. In default to suffer rigorous imprisonment for a further period of three (3) moths.
2. The prosecution case precisely stated one Manowar @ Monawar Hossain lodged a complaint before the Superintendent of Police, Central Bureau of Investigation, A.C.B./S.P.E. Division, Calcutta on 25.09.1995 alleging, inter alia, that he had a small shop of scrap materials at Burdwan. On 08.08.1995 in the morning by a hired truck bearing No.WML-956 he sent certain scrap materials. As it approached near the railway over-bridge at Burdwan on the way to Kolkata on the Katwa Burdwan Road the R.P.F. Inspector, the appellant herein intercepted the said truck, assaulted its driver and took the said tru
K. Shanthamma vs. State of Telangana
M.W. Mohiuddin vs. State of Maharashtra
B. Jayaraj vs. State of Andhra Pradesh
P. Satyanarayana Murthy vs. District Inspector of Police, State of Andhra Pradesh and Anr.
Illegal gratification – Allegation of demand of gratification and acceptance made by a public servant has to be established beyond reasonable doubt – Mere possession or recovery of currency notes is ....
Requirement to prove demand and acceptance of illegal gratification under the Prevention of Corruption Act is critical for conviction; mere recovery of money is insufficient.
Proof of demand and acceptance of illegal gratification is essential to establish corruption offences under the Prevention of Corruption Act.
Proof of demand and acceptance is essential to establish an offense under the Prevention of Corruption Act. Mere allegations without evidence fail to sustain prosecution.
Illegal gratification – Presumption under Section 20 of PC Act can be invoked only when two basic facts of ‘demand’ and ‘acceptance’ of gratification are proved – When allegation is of demand of grat....
The main legal point established is the requirement to prove demand and acceptance of illegal gratification beyond a reasonable doubt, using direct evidence, circumstantial evidence, and the presumpt....
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.