PUSHPENDRA SINGH BHATI
Banshi Lal BaghelaState – Appellant
Versus
State – Respondent
JUDGMENT :
Pushpendra Singh Bhati, J.
1. In the wake of instant surge in COVID - 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.
2. This criminal appeal under Section 374 Cr.P.C. has been preferred against the judgment 13.10.2000 passed by the learned Special Judge (Sessions Judge), Prevention of Corruption Act, Jodhpur in Criminal Case No. 176/97, whereby the present accused-appellant was convicted for the offence under Section 7 of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'Act of 1988') and was sentenced to undergo one year's rigorous imprisonment and a fine of Rs.3000/-, in default of payment of which, he was to undergo further three months simple imprisonment; for the offence under Section 13(1)(d)(2) of the Act of 1988, he was sentenced to undergo two years rigorous imprisonment and a fine of Rs.6000/-, in default of payment of which, he was to undergo further six months simple imprisonment.
3. Brief facts of this case, as placed before this Court by Mr. J.S. Choudhary, learned Senior Counsel assisted by Ms. Sampatti Choudhary appea
The essential element of demand for illegal gratification under Section 7 of the Prevention of Corruption Act must be proved, and mere possession and recovery of money without evidence of voluntary a....
The absence of proof of demand for illegal gratification is critical; mere acceptance of money is insufficient for conviction 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 ....
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