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ANIL KUMAR CHOUDHARY
Aditya Narain Chaurasia, son of Late Anirudh Narain Chaurasia – Appellant
Versus
State of Bihar, through the Central Bureau of Investigation – Respondent
JUDGMENT :
Heard the parties through Video Conferencing.
2. This appeal has been preferred by the appellant-convict being aggrieved by the Judgment of conviction and order of sentence dated 16.05.1998 passed by learned Special Judge, C.B.I. (South Bihar), Patna in Special Case No.74/85 whereby and where under, the learned court below has held the appellant-convict guilty for the offences punishable under Section 165A of the Indian Penal Code read with Section 120B of the Indian Penal Code and sentenced the appellant-convict to undergo Rigorous Imprisonment for one year. This appeal was originally filed in the Patna High Court but after creation of the High Court of Jharkhand, the appeal stood transferred to this court.
3. The brief facts of this case is that the co-convict, Sri Sib Nath Bodhak (since deceased and his Cr. Appeal (SJ) No. 203/1998 has since been abated) while functioning as Branch Manager of Thakurganj Branch of Bank of India in Ranchi, misused his financial position and took illegal gratification from the appellant-convict, who was the borrower of the said bank through the cheque bearing No.1044261 of Rs.4,000/- dated 11.11.1980 and utilized the same for purchasing the
To convict for bribery, both demand and voluntary acceptance must be proven; mere recovery of money is insufficient.
The judgment establishes the high standard of proof required to establish the offence of illegal gratification by a public servant under the Prevention of Corruption Act, 1988, emphasizing the need t....
The main legal point established in the judgment is the requirement to prove both demand and acceptance of illegal gratification under the Prevention of Corruption Act, 1988, and the accused's entitl....
The judgment establishes the difficulty in proving conspiracy and the importance of inferring conspiracy from surrounding circumstances. It also emphasizes the severe consequences of corruption and t....
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