ANU MALHOTRA
Ajay Gupta – Appellant
Versus
State – Respondent
JUDGMENT
Anu Malhotra, J.
1. The appellant, vide the present appeal assails the impugned judgment dated 5.7.2003 and the impugned order on sentence dated 7.7.2003 of the then Special Judge, Delhi in RC No.80(A)/96/CBI/ACB/New Delhi whereby Ajay Gupta, the appellant herein, then posted as Sub-Inspector was convicted qua the commission of offences punishable under Section 7 and Section 13(1)(d) read with Section 13 (2) of the Prevention of Corruption Act, 1988, and was sentenced to undergo rigorous imprisonment for a period of four years with a fine of Rs.500/- each under Section 7 and Section 13(2) of the Prevention of Corruption Act, 1988, with the substantive sentences having been directed to run concurrently and in default of the payment of the fine, the appellant was directed to undergo rigorous imprisonment for a period of three months on each count.
2. Vide order dated 29.8.2003, the sentence of the appellant was directed to remain suspended during the pendency of the appeal on his furnishing a personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the Trial Court.
3. During the pendency of the appeal, the applicant filed an applic
The court upheld the defendant's conviction under the Prevention of Corruption Act based on credible witness testimony corroborated by procedural evidence despite minor procedural defects.
For convictions under corruption laws, prosecution must conclusively prove demand, acceptance, and recovery of bribe alongside establishing a clear conspiracy. Inconsistencies in testimonies undermin....
Failure of prosecution to prove charge beyond reasonable doubt due to inordinate delay in FIR and weak identification evidence.
Presiding Officer failed to perform his duty as required by law and did not even refer to facts elicited from cross-examination of witnesses.
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