PUSHPENDRA SINGH BHATI
Dharmendra – Appellant
Versus
State – Respondent
JUDGMENT :
1. This Criminal Appeal under Section 374 Cr.P.C. has been preferred against the judgment, dated 24.09.2001, passed by the Special Judge, Sessions Court (Prevention of Corruption Act), Jodhpur convicting the appellant in Sessions Case No. 13/1998 under Section 7 and 13 (1) (d), (2) of the Prevention of Corruption act with the following prayer:-
2. Brief facts of the case as placed before this Court by the learned counsel for the appellant are that on 03.05.1997, the complainant Karnaram approached the appellant, Dr. Dharmendra, because his brother, Jetharam had sustained an injury in the eye and sought a medical report stating the same. And that, it is alleged that the appellant-doctor, told him that he would provide him with a medical report stating therein that Jetha Ram had suffered a grievous injury, and that he demanded a bribe for the same. And that on 04.05.1997, the complainant Karnaram lodged a re
A. Subair v. State of Kerala (2009) 6 SCC 587
B. Noha Vs. State of Kerala and Ors. (2006) 12 SCC 277
Guruviah & Ors. Vs. The State (2019) 8 SCC 396
K.S. Panduranga v. State of Karnataka (2013) 3 SCC 721
Krishan Chander Vs. State of Delhi (2016) 3 SCC 108
Mukut Bihari and Anr. v. State of Rajasthan (2012) 11 SCC 642
Mukhtiar Singh (since deceased) through his L.R. Vs. State of Punjab (2017) 8 SCC 136
Mahavir Singh Vs. State of Madhya Pradesh (2016) 10 SCC 220
P. Satyanarayana Murthy Vs. The Dist. Inspector of Police and Ors. (2015) 10 SCC 152
State of A.P. v. Kommaraju Gopala Krishna Murthy (2000) 9 SCC 752
Satvir Singh Vs. State of Delhi (2014) 13 SCC 143
State of M.P. & Ors. Vs. Ram Singh (2000) 5 SCC 88
Sujit Biswas v. State of Assam (2013) 12 SCC 406
State of Gujarat Vs. Bhalchandra Laxmishankar Dave (2021) 2 SCC 735
State through Inspector of Police
State of Kerala and Anr. v. C.P. Rao (2011) 6 SCC 450
Subash Parbat Sonvane v. State of Gujarat (2002) 5 SCC 86
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 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 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 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 prosecution must prove both the demand and acceptance of illegal gratification to substantiate a conviction under the Prevention of Corruption Act; mere recovery of bribe money without proven dem....
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.