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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, CJ
Lavan Singh Churendra, S/o. Late Shri Indrajeet Singh – Appellant
Versus
State Of Chhattisgarh, Through Police Station A. C. B. Raipur District Raipur Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. ground for appeal based on lack of evidence. (Para 1 , 2) |
| 2. description of the bribery operation. (Para 3 , 4 , 5 , 6) |
| 3. prosecution highlights witnesses and evidence. (Para 7 , 8 , 9) |
| 4. defense arguments discussing false implication. (Para 10 , 11 , 12 , 13) |
| 5. supporting state's arguments. (Para 14 , 15) |
| 6. review of evidence and appeal considerations. (Para 16 , 17) |
| 7. discusses witness credibility and reexamination. (Para 18 , 19 , 20) |
| 8. appellant's disqualification through evidence. (Para 21 , 22 , 30 , 31) |
| 9. final ruling of acquittal and procedure. (Para 32 , 33 , 34) |
Judgment :
Ramesh Sinha, CJ.
1. This criminal appeal arises out of the judgment of conviction and order of sentence dated 20.12.2017 passed by the Special Judge (Anti-Corruption) Raipur, District Raipur (C.G.) in Special Case No.43/2015, whereby the appellant has been convicted and sentenced in following manner :-
| CONVICTION | SENTENCE |
| Under Section 7 of Prevention of Corruption Act, 1988. | RI for 2 years and fine of Rs.20,000/-, in default of payment of fine to further undergo RI for 3 months. |
| Under Section 13 (1)(D) read with Section 13(2) of Prevention of Corruption Act, 1988. | RI for 2 years and fine of R |
Proof of demand and acceptance of illegal gratification is essential 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....
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 demand and acceptance of illegal gratification must be proven for conviction under the Prevention of Corruption Act, and the evidence of the complainant should be corroborated in material particu....
Evidence of demand and acceptance is crucial for conviction in corruption cases; mere recovery of money is insufficient without proof of illegal gratification.
Both demand and acceptance of illegal gratification are required for a conviction under the Prevention of Corruption Act; mere acceptance of bribe without proven demand fails to establish culpability....
Proof of demand and acceptance is essential for conviction under the Prevention of Corruption Act. Without sufficient evidence, the accused may be acquitted.
Proof of demand and acceptance of illegal gratification is essential for conviction under the Prevention of Corruption Act; failure to prove these elements results in acquittal.
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