HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE MANOJ KUMAR GARG, J
Kamal Meena S/o Shri Babu Lal Meena – Appellant
Versus
State, Through Pp – Respondent
JUDGMENT :
Manoj Kumar Garg, J.
1.Instant criminal appeal has been filed by the appellant against the judgment dated 03.02.2020 passed by learned Special Judge, Sessions Court (Prevention of Corruption Act Cases), Udaipur, in Sessions Case No.58/2014 by which the learned Judge convicted the appellant for offence under Section 7 of Prevention of Corruption Act and sentenced him to undergo six months SI along with fine of Rs.5,000/- and in default of payment of fine, to further undergo one month’s simple imprisonment.
2. Brief facts of the case are that on 03.12.2013 complainant Nathu Lal (PW-2) filed a written report (Ex-P/1) before the Addl. SP, ACB Outpost Rajsamand alleging inter alia that when he went to the office of A.En. Railmagra for depositing the amount of demand notice issued to him for electricity connection to his agricultural land, he was asked to contact Sh. Kamal Meena, J.En Gilund. When the complainant reached out to Kamal Meena, he demanded illegal gratification of Rs.2000-3000/- for issuing electricity meter. On the basis of complaint, verification of demand was made by the ACB and thereafter, a trap was arranged.
3. As per prosecution, though a trap was planned but a
The prosecution must prove demand and acceptance of illegal gratification beyond reasonable doubt for a conviction under Section 7 of the Prevention of Corruption Act.
Demand and acceptance of illegal gratification are essential for establishing the offence under Section 7 of the PC Act, and the prosecution must prove the demand of gratification beyond reasonable d....
Proof of demand and acceptance of illegal gratification is essential to establish corruption offences under the Prevention of Corruption Act.
The main legal point established is the requirement to prove demand and acceptance of illegal gratification beyond a reasonable doubt, using direct evidence, circumstantial evidence, and the presumpt....
Proof of demand and acceptance is essential to establish an offense under the Prevention of Corruption Act. Mere allegations without evidence fail to sustain prosecution.
Illegal gratification – Allegation of demand of gratification and acceptance made by a public servant has to be established beyond reasonable doubt – Mere possession or recovery of currency notes is ....
Proof of demand for illegal gratification is essential to establish corruption charges under Sections 7 and 7A of the Prevention of Corruption Act, with mere return of money not sufficient without es....
The prosecution must prove demand and acceptance of illegal gratification beyond reasonable doubt for a conviction under Section 7 of the Prevention of Corruption Act.
The central legal point established in the judgment is the requirement for the prosecution to prove demand and acceptance of illegal gratification by a public servant as a fact in issue, and the perm....
Proof of demand and acceptance of illegal gratification is essential, but inferential deductions can be made in the absence of direct evidence.
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