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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
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 Rs.20,000/-, in default of payment of fine to further undergo RI for 3 months. |
| (Both the sentences were directed to be run concurrently) | |
2. Conviction is impugned on the ground that without there being any iota of evidence of demanding and accepting illegal gratification other than legal remuneration by the public servant by abusing his office, the Special Judge has convicted & sentenced the appellant as aforementioned and thereby committed illegality.
3. Case of the prosecution, in brief, is that Baijnath Netam (hereinafter referred to as "complainant") was working as a Shiksha Karmi Grade-II
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.
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