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IN THE HIGH COURT OF DELHI AT NEW DELHI
CHANDRASEKHARAN SUDHA
Munna Lal Nishad – Appellant
Versus
C.B.I. – Respondent
JUDGMENT :
CHANDRASEKHARAN SUDHA, J.
1. This appeal under Section 374 of the Code of Criminal Procedure, 1973 (the Cr.P.C.) has been filed by the sole accused in C.C. No. 276/1994 on the file of the Court of Special Judge, Delhi, challenging the conviction entered and sentence passed against him for the offences punishable under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (the PC Act).
2. The prosecution case is that on 27.12.1990, the accused, while posted as Junior Telecommunication Officer in the office of the Sub Divisional Officer II, Okhla Telephone Exchange, MTNL, demanded illegal gratification of Rs. 1,000/- and later settled for Rs. 800/- from PW1 for facilitating the restoration of a disconnected telephone number of Ms. Roopa Mehta, installed at C-51, East of Kailash, New Delhi.
3. On 27.12.1990, PW1 lodged a complaint, that is, Ext.PW1/B, with the S.P., Anti-Corruption Branch, CBI, New Delhi, based on which crime, RC No. 64(A)/90-DLI, that is, Ext. PW1/B FIR was registered alleging commission of the offence punishable under Section 7 of the PC Act.
4. PW10, Inspector, Anti-Corruption Branch, CBI, New Delhi, conducted investigation int
In bribery cases under the Prevention of Corruption Act, the prosecution must prove beyond a reasonable doubt that the accused demanded and accepted bribes, otherwise conviction cannot be upheld.
The prosecution must establish demand and acceptance of a bribe beyond reasonable doubt, requiring independent corroboration, particularly when the key witness has credibility issues.
An accused's conviction for bribery can be upheld if witness credibility and corroborating evidence outweigh minor discrepancies in testimonies, and procedural lapses do not lead to prejudice.
Insufficient evidence and inconsistencies in witness testimonies resulted in the acquittal of the appellant; essential ingredients of demand and acceptance of bribe must be established beyond reasona....
Proof of demand and acceptance of bribe as a sine qua non for conviction under the Prevention of Corruption Act, emphasizing the necessity of corroborative evidence beyond the complainant's testimony....
Point of law: Proof of demand of illegal gratification, thus, is the gravamen of the offence under Sections 7 and 13(1)(d)(i)&(ii) of the Act and in absence thereof, unmistakably the charge therefore....
The court established that proving demand and acceptance of bribe is essential to secure a conviction under the Prevention of Corruption Act, with particular attention to evidence during trap operati....
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.
The court affirmed that a valid sanction and credible evidence of demand and acceptance of bribes are essential for conviction under the Prevention of Corruption Act.
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