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ALOK KUMAR PANDEY
Ram Narayan Singh – Appellant
Versus
State of Bihar – Respondent
Alok Kumar Pandey, J.—Present appeal is directed against the judgment of conviction and order of sentence dated 29.11.2024 passed by the learned Special Judge, C.B.I.-1, Patna in Special Case No. 37 of 2018, arising out of CBI/ACB/Patna P.S. Case bearing F.I.R. No. RC0232011A0006, whereby and whereunder the appellant has been convicted under Section 7, 13(2) read with Section- 13(1)(d) of Prevention of Corruption Act, 1988 (hereinafter referred to as P.C. Act for brevity). Appellant has been sentenced to undergo rigorous imprisonment for a period of six months and a fine of Rs. 2,500/- for the offence under Section-7 of the P.C. Act and, in default of payment of fine, to further undergo simple imprisonment for a period of one month. The appellant has further been sentenced to undergo rigorous imprisonment for a period of one year and a fine of Rs. 2,500/- for the offence under Section-13(2) read with Section-13(1)(d) of P.C. Act and, in default of payment of fine, to further undergo simple imprisonment for a period of one month. Both the sentences have been directed to run concurrently.
2. As per prosecution-case, on 16.03.2011 office of Superintendent of Police, C.B.I., Patna recei
Establishment of demand and acceptance of illegal gratification is crucial for conviction under the Prevention of Corruption Act, leading to a rebuttable presumption of guilt regarding the motive beh....
The prosecution must prove both the demand and acceptance of illegal gratification to substantiate a conviction under the Prevention of Corruption Act; mere recovery of bribe money without proven dem....
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.
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 ....
Criminal Law - Demand of illegal gratification - Benefit of doubt - Absence of essential ingredient of demand of bribe, presumption in this case under Section 20 of Act, 1988 - Thus this is a fit cas....
The main legal point established in the judgment is the requirement to prove demand and acceptance of illegal gratification for conviction under the Prevention of Corruption Act.
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