PUSHPENDRA SINGH BHATI
Mohanlal – Appellant
Versus
State – Respondent
JUDGMENT :
1. This Criminal Misc. Petition under Section 482 Cr.P.C. has been preferred claiming the following reliefs:-
2. This Criminal Misc. Petition has been preferred against the judgment, dated 28.11.2015, passed by the learned Special Judge, Sessions Court (Prevention of Corruption Cases), Udaipur in Criminal Regular Case No. 46/2008, whereby the accused appellant Mohanlal was convicted for the offence under Sections 7, 13 (1) (d)/13 (2) of the Prevention of Corruption Act, 1988 and awarded a sentence of 1 year S.I. along with a fine of Rs. 1000/- in default of payment of which he was to further undergo an imprisonment of 1 month S.I.
3. At the outset, this Court takes note of the fact that the appellant, Mohan Lal S/o Shri Narayan Ji Jatiya has expired and the application to take his legal heir on record, namely Smt. Sumitra Bai W/o Mohan Lal, was allowed by this Court, vide order dated 25.08.2020 (in the
State of M.P. & Ors. Vs. Ram Singh (2000) 5 SCC 88
B. Noha Vs. State of Kerala and Ors. (2006) 12 SCC 277
State of A.P. v. Kommaraju Gopala Krishna Murthy (2000) 9 SCC 752
Guruviah & Ors. Vs. The State (2019) 8 SCC 396
T. Shankar Prasad v. State of A.P. (2004) 3 SCC 753
State of Gujarat Vs. Bhalchandra Laxmishankar Dave (2021) 2 SCC 735
Ayyasami Vs. State of Tamil Nadu (1992) 1 SCC 304
Meena Vs. The State of Maharashtra (2000) 5 SCC 21
Seema Silk and Sarees and Ors. Vs. Directorate of Enforcement and Ors. (2008) 5 SCC 580
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 in the judgment is the requirement to prove demand and recovery of illegal gratification for offences under the Prevention of Corruption Act.
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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.