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BIRENDRA KUMAR
Babu Lal, S/o. Shri Chhitarmal Meena – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
JUDGMENT :
(Birendra Kumar, J.) :
1. The sole appellant Babu Lal has challenged his conviction by judgment and order dated 1.12.2023 passed by the Learned Special Court, Anti Corruption, Udaipur in Special Sessions Case No. 5/ 2011 arising out of FIR No 237/2009 registered with ACB Police Station, Jaipur.
By the impugned judgment, the Learned Trial Judge has convicted the appellant for offences under Section 7 of the Prevention of Corruption Act (hereinafter referred to as “PC Act”) and awarded 1 year simple imprisonment along with fine of Rs.10,000/-. Similar imprisonment and fine has been imposed for offence under Section 13(1)(d)/13(2) of the PC Act and in default of payment of fine, additional 1 month simple imprisonment has been awarded.
2. The prosecution case as disclosed in the written complaint dated 10.9.2009 of PW.1 Bagheswar Ahari is that the complainant is a Teacher and had applied for personal loan from Bank of Baroda at Paloda Branch in the District Banswara in August 2009. The Bank Manager (Mr. B.L. Meena present appellant) asked for Rs.5,000/-for sanction of loan of Rs.1 lakh. Rs.5000/-was demanded as gratification. The complainant met the assistant of the bank Mr.
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....
Demand for illegal gratification is essential to establish guilt under the Prevention of Corruption Act, and mere recovery of money is insufficient.
The prosecution must prove demand and acceptance of bribe beyond reasonable doubt; mere recovery of currency notes is insufficient for conviction under the Prevention of Corruption Act.
The prosecution must prove the demand, acceptance, and recovery of illegal gratification, and once these foundational facts are proved, there is a presumption under Section 20 of the Prevention of Co....
The prosecution must prove demand and acceptance of bribe beyond reasonable doubt; failure to comply with procedural requirements and evidential standards results in acquittal.
The prosecution must prove the demand and acceptance of a bribe beyond a reasonable doubt, and the invocation of Section 20 of the Prevention of Corruption Act is essential for establishing the offen....
The main legal point established in the judgment is the requirement to prove demand and acceptance of illegal gratification for conviction under the Prevention of Corruption Act.
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