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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
BIBHU DATTA GURU
Basant Kumar Sikheriya S/o Shri Bhagwan Das Sikheriya – Appellant
Versus
State Of Chhattisgarh Through The State Economic Offence Investigation Bureau – Respondent
JUDGMENT :
Bibhu Datta Guru, J.
Challenge in this appeal is to the judgment of conviction and order of sentence dated 28/02/2018 passed by the Special Judge (Prevention of Corruption Act), Uttar Bastar, Kanker (C.G.) in Corruption Special Case No.03/2015, whereby the learned Court below convicted and sentenced the appellant as under:-
1. Case of the prosecution, in brief, is that on 12.03.2015, the complainant Maksudan (PW-6) appeared before the Deputy Superintendent of Police, Anti-Corruption Bureau, Jagdalpur, and lodged a written complaint (Ex. P-27) stating that he owns four acres of agricultural land in village Kewatin Tola where he had installed a tube-well for irrigation. For obtaining subsidy, he had submitted the bill, voucher, work map and khasra documents to the accused Basant Sikheriya, the then Rural Agriculture Extension Officer, Kokapur, about a year earlier. It was alleged that on 09.03.2015, the accused visited his field and demanded a bribe of Rs.10,000 for processing and sanctioning the subsidy amount. As the complainant did not wish to pay the bribe, he submitted a written complaint to the office of the Anti-Corruption Bureau. He was thereafter instructed in the us
The prosecution must prove demand and acceptance of bribe beyond reasonable doubt; failure to comply with procedural requirements and evidential standards results in acquittal.
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 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.
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....
When clouds of doubt arises on the part of the prosecution, the benefit of doubt is always accrued on the part of the accused alone, which is the cardinal principle of criminal justice delivery syste....
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.
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