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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY
Arun Kumar Vishwakarma, S/o. Dayashankar Vishwarkarma – Appellant
Versus
State of Chhattisgarh, through Lokayukta – Respondent
| Table of Content |
|---|
| 1. the appellant's conviction stems from alleged bribery linked to loan processing. (Para 1 , 2) |
| 2. the prosecution's burden and the appellant's defense against bribery charges. (Para 3 , 4 , 5 , 9 , 10) |
| 3. the court's evaluation of evidence related to demand and acceptance of bribe. (Para 6 , 8 , 12 , 14 , 15) |
| 4. legal standards required for proving offences under the prevention of corruption act. (Para 11 , 13 , 16) |
| 5. the appellate court's directive following the acquittal of the appellant. (Para 17 , 18 , 19) |
Judgment :
1. The present appeal under Section 374(2) of the Code of Criminal Procedure has been filed against the judgment of conviction and order of sentence dated 27.12.2007 passed by learned Special Judge under the Act and First Additional Sessions Judge, Raipur (C.G.) in Special Criminal Case No. 01/2005, whereby the trial Court has convicted the appellants and sentenced them as under:-
2. As per the prosecution, the complainant Lakhan Lal Sen (PW-3) had obtained a loan of Rs.60,000/- under the Pradhan Mantri Rozgar Yojana from Dena Bank, Lahoud Branch. Out of the sanctioned amount, the complainant had already received the first instalment of Rs. 30,000/-. At
The demand for illegal gratification is essential to establish offences under the Prevention of Corruption Act; mere recovery of tainted money without evidence of demand is insufficient for convictio....
The judgment establishes the high standard of proof required to establish the offence of illegal gratification by a public servant under the Prevention of Corruption Act, 1988, emphasizing the need t....
The prosecution must prove demand and acceptance of bribe beyond reasonable doubt; mere recovery of currency notes is insufficient for conviction under the Prevention of Corruption Act.
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.
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.
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....
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....
The demand and recovery of illegal gratification must be proved beyond reasonable doubt to sustain a conviction under the Prevention of Corruption Act.
Point of law : Once conviction is recorded under the provisions of the Prevention of Corruption Act, it casts a social stigma on the person in the society apart from serious consequences on the servi....
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