PUSHPENDRA SINGH BHATI
Suresh Kumar – Appellant
Versus
State – Respondent
JUDGMENT/ORDER :
Pushpendra Singh Bhati, J.
1. Both the Criminal Appeals has been preferred under Section 374 Cr.P.C. against the Judgment dated 16.04.2009 passed by District and Sessions Judge (Anti Corruption Act Cases), Bikaner in Sessions Case No. 29/2005 with the following prayers:-
It is, therefore, respectfully prayed that this appeal may kindly be allowed and accused appellant may be acquitted from all the charges leveled against him."
In S.B. Criminal Appeal No. 299/2009:
It is, therefore, most respectfully prayed that this appeal may kindly be allowed, the judgment/order of conviction and sentence passed by the learned Session, A.C.D. Cases, Bikaner dated 16.04.2009 may kindly be quashed and set-aside and the accused-appellant may kindly be acquitted for the alleged charges leveled against him."
2. The controversy in both the appeals are common, and the facts in brief of the same, as placed before this Court by learned counsel for appellants are that one F.I.R. was lodged on 24.06.2004 by Shri Amar Singh (P.W.1), stating that he went to the Anti - Corruption Office at Hanumangarh, where he submitted an application stating therein that, abou
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The main legal point established in the judgment is the requirement to prove demand and recovery of illegal gratification for offences under the Prevention of Corruption Act.
The main legal point established in the judgment is the necessity of proving both demand and recovery for conviction under the Prevention of Corruption Act, and the burden of proof on the accused to ....
The main legal point established is the necessity of proving demand and recovery for a conviction under the Prevention of Corruption Act, as well as the limited power of the appellate court to revers....
The statutory presumption under Section 20 of the Prevention of Corruption Act was not successfully rebutted by the accused, leading to the court upholding the judgment of conviction.
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