PUSHPENDRA SINGH BHATI
Lr`s Of Late Shri Shiv Chand – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
1. This Criminal Appeal under Section 374 Cr.P.C. has been preferred claiming for the following reliefs:-
"It is, therefore, most respectfully prayed that this appeal may kindly be allowed, judgment and order passed by the learned Special Judge, Prevention of Corruption Cases, Jodhpur dated 7.9.2000 may kindly be quashed and set aside and the accused- appellant may kindly be acquitted for the alleged charges leveled against him."
2. This Criminal Appeal has been preferred against the judgment dated 07.09.2000 whereby the learned Special Judge, Prevention of Corruption Act Cases, Jodhpur convicted Shiv Chand, for the offences under Sections 7 & 13 (1) (d)(2) of the Prevention of Corruption Act, 1988 and sentenced him to undergo a sentence of 1 year R.I. along with a fine of Rs.2,000/- in default of payment of which, he was to undergo further 3 months S.I. and 2 years R.I. along with a fine of Rs.4,000/- in default of payment of which he was to undergo further 6 months S.I., respectively.
3. At the outset, learned counsel for the appellant submits that convicted person, Shiv Chand passed away, on 21.03.2019, and that his legal heirs have been taken on the record, and are the app
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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.
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 ....
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