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BIBEK CHAUDHURI
Economic Offences Unit Through the Superintendent of Police, Bihar – Appellant
Versus
Aruna Kumari – Respondent
Bibek Chaudhuri, J.—Before recording the decision of this Court in respect of the instant appeal on merits, this Court is under obligation to decide the I. A. No. 1 of 2019, which is an application under Section 5 of the Limitation Act for condonation of delay.
2. It will not be out of place to mention here that the instant appeal was filed along with I. A. No. 1 of 2019. A Coordinate Bench of this Court vide order, dated 23rd of January, 2020, while refusing the prayer for condonation of delay, dismissed both the I. A. No. 1 of 2019 as well as Government Appeal (SJ) 18 of 2019.
3. Against the said order, dated 23rd of January, 2020, the appellant moved before the Supreme Court in Special Leave to Appeal (Crl.) Nos. 5068-5069 of 2020.
4. The Hon’ble Supreme Court passed the following order on 19th of July, 2024:—
“Leave granted.
Having heard learned counsel for the parties, we are of the opinion that the High Court should have condoned the delay. The matter required in-depth consideration. Accordingly, we set aside the impugned judgment and direct the High Court to examine whether or not to grant leave to appeal to the State against the impugned judgment dated 25.02.2019. Govt. Appeal (
The prosecution must prove demand and acceptance of bribe beyond reasonable doubt for convictions under corruption laws; mere recovery of money is insufficient.
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.
Point of law: So far as the presumption under Section 20 of the PC Act is concerned, it trite that even the presumption under Section 20 of the PC Act can be drawn only if an accused person has accep....
The demand of illegal gratification is essential to constitute an offence under the PC Act. The prosecution must establish the accusation beyond reasonable doubt, and the presumption of innocence fav....
Point of law: So far as the presumption under Section 20 of the PC Act is concerned, it trite that even the presumption under Section 20 of the PC Act can be drawn only after demand for and acceptanc....
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