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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
PRAMIL KUMAR MATHUR
Prithvilal Meena, S/o. Shri Badri Prasad Meena, (Presently Lodged In Central Jail At Kota) – Appellant
Versus
State of Rajasthan, through PP – Respondent
JUDGMENT :
PRAMIL KUMAR MATHUR, J.
Table of Contents FACTUAL BACKGROUND |
1. The present appeal has been filed jointly by both the appellants challenging the common judgment dated 06.07.2019 passed by the learned Special Judge, Prevention of Corruption Act, 1988, Kota, in Sessions Case No. 10/2016, whereby the appellant No. 1, Prithvilal Meena was convicted under Section 120-B of IPC and Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as “the Act of 1988”), and appellant No. 2, Hemraj @ Foru was convicted under Section 120-B of IPC and under Section 8 of “the Act of 1988” and both were sentenced as under:
All the sentences to run concurrently.
FACTUAL BACKGROUND
2. The case of the prosecution as culled out from records is that on 01.02.2016, the complainant Kailash Meena and Ramphool Meena submitted a written complaint before the Anti-Corruption Bureau, Bundi, alleging demand of illegal gratification by the appellant No. 1, Prithvilal Meena, who was working as Assistant Engineer, Rajasthan State Electricity Board. It was al
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.
Both demand and acceptance of illegal gratification are required for a conviction under the Prevention of Corruption Act; mere acceptance of bribe without proven demand fails to establish culpability....
Proof of demand for illegal gratification is essential for conviction under the Prevention of Corruption Act; mere recovery of tainted money is insufficient without demonstrating demand and acceptanc....
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