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ANIL KUMAR CHOUDHARY
Shambhu Nath Pati “Kaviraj” son of late Jagannath Pati – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard the parties.
2. This appeal has been preferred by the appellant-convicts being aggrieved by the Judgment of conviction and order of sentence dated th September, 2003 passed by the learned Special Judge, Vigilance, Ranchi in Special Case No.7 of 1991 whereby and where under, the learned court below has held the appellant-convicts guilty for having committed the offence under Section 12 of the Prevention of Corruption Act, 1988 and sentenced them to undergo Rigorous Imprisonment for two years each.
3. The case of the prosecution in brief is that the PW1 was the contractor in P.H.D. department, Chakradharpur and the co-convict, J.K. Rai @ Jaikishore Rai, who was a police officer, demanded bribe from the complainant. The complainant-PW1 paid Rs. 10,000/- as bribe to the co-convict, J.K. Rai @ Jaikishore Rai but again the said the co-convict, J.K. Rai @ Jaikishore Rai demanded Rs. 5,000/-more from the complainant. The complainant was not willing to pay further bribe and he gave written information to the Additional I.G., Vigilance. The matter was verified by PW7-Bhagwan Singh, the Inspector of Police. The co-convict, J.K. Rai @ Jaikishore Rai demanded Rs. 5,000/-in presenc
The evidence in the record is sufficient to establish the charges for the offences punishable under Section 7 as well as Section 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Ac....
The evidence of demand, acceptance, and recovery of bribe money, when unchallenged, is sufficient to establish the charges under the Prevention of Corruption Act, 1988.
The judgment establishes that the demand and acceptance of illegal gratification must be proven as a fact, and the prosecution can rely on direct or circumstantial evidence to establish guilt.
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....
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