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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS
State of Chhattisgarh Through The Police Station-Eow/Acb, Bilaspur – Appellant
Versus
Tobius Xaxa S/o Shri V. Xaxa – Respondent
ORDER :
Narendra Kumar Vyas, J.
1.The State has preferred this Acquittal Appeal under Section 372 of the Code of Criminal Procedure against the judgment of acquittal dated 30-6-2018 passed by the learned Special Judge under Prevention of Corruption Act, Ambikapur, District Surguja (CG) in Special Criminal Case No. 3 of 2014 whereby the accused has been acquitted from offence punishable under Sections 7 and 13 (1)(D) read with Section 13 (2) of the Prevention of Corruption Act, 1988 (for short, “The Act, 1988”).
2. The case of the prosecution, in brief, is that on 3-5-2011 the complainant Chandrajit Yadav made a complaint (Ex. P/4) against the respondent to the Dy. Superintendent of Police, Anti Corruption Bureau, Bilaspur, alleging that a dispute arose between his sons namely Ayodhya Yadav and Jay Kishan Yadav who is resident of village Damakudkuda on 23-4-2011 which resulted into physical altercation. Jaykishan filed a report at Dhaurpur Police Station against Ayodhya Yadav and his friend namely Suresh @ Deriha. Accordingly, he met Police Station In-charge on 24-4-2011 at Thana Dhaurpur, then he after taking the names of his son and friend told him that he will close the case. Accord
Proof of demand for illegal gratification is essential for conviction under the Prevention of Corruption Act, which can be established through direct and circumstantial evidence.
Demand for illegal gratification is essential to establish guilt under the Prevention of Corruption Act, and mere recovery of money is insufficient.
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.
The prosecution must prove demand and acceptance of bribe beyond reasonable doubt for convictions under corruption laws; mere recovery of money is insufficient.
The central legal point established is that the demand for illegal gratification is a sine qua non for convicting an accused under the Prevention of Corruption Act, and the prosecution must prove the....
The prosecution must prove the demand and acceptance of bribe beyond reasonable doubt for conviction under the Prevention of Corruption Act, and electronic evidence must comply with Section 65-B of t....
The demand and acceptance of illegal gratification are essential elements to establish an offence under the Prevention of Corruption Act, and the prosecution must prove these elements beyond reasonab....
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