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TIRTHANKAR GHOSH
Sanjay Kumar Arya – Appellant
Versus
Central Bureau of Investigation – Respondent
| Table of Content |
|---|
| 1. conviction and sentence details (Para 1) |
| 2. complaint details (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 3. prosecution arguments on evidence (Para 26 , 27 , 28) |
| 4. court's analysis of evidence (Para 29) |
| 5. court's ruling on sanction (Para 30 , 31 , 32 , 33 , 39 , 40) |
| 6. judgment and order set aside (Para 34 , 35 , 36 , 37 , 38) |
JUDGMENT :
1. The present appeal has been preferred against the judgment and order of conviction and sentence dated 26.09.2022 passed by the learned Judge, Special (CBI) Court, Asansol, Paschim Bardhaman, in connection with Special Case No. 18/2011 arising out of Case No. RC0102006A0029 dated 06.11.2013 wherein the learned Judge, Special (CBI) Court was pleased to convict the appellant under Section 7 & Section 13(2) of the Prevention of Corruption Act, 1988 and sentenced him to suffer imprisonment as follows:
The court emphasized that a valid sanction for prosecution under the Prevention of Corruption Act requires independent application of mind by the sanctioning authority, and inconsistencies in witness....
Illegal gratification – Conviction and sentence cannot be sustained where sanction order is not showing application of mind by Authority.
Prosecution must prove demand, acceptance, and recovery of bribe; failure to establish these elements results in acquittal.
Bribe - Conviction - Sanction for prosecution - unless any prejudice is shown or any glaring infirmity or illegality in the investigation is established, the prosecution case cannot be discarded mere....
(1) Mere receipt of amount by accused is not sufficient to fasten his guilt in absence of any evidence with regard to demand and acceptance of amount as illegal gratification.(2) Prosecution cannot d....
The evidence in the record is sufficient to establish the charges for the offences punishable under Section 7 as well as Section 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Ac....
The prosecution must prove the demand and acceptance of a bribe as required by law, and the recovery of currency notes without proof of demand does not constitute an offence under the Prevention of C....
In assessing cases under the Prevention of Corruption Act, mere inquiries about bribe amounts do not equate to a legal demand, and evidence must be compelling to prove guilt beyond reasonable doubt.
The court affirmed that a valid sanction and credible evidence of demand and acceptance of bribes are essential for conviction under the Prevention of Corruption Act.
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