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ANIL KUMAR CHOUDHARY
Anil Kumar, son of Late Madan Lal – Appellant
Versus
State of Jharkhand through Anti-Corruption Bureau – Respondent
| Table of Content |
|---|
| 1. conviction under prevention of corruption act. (Para 2 , 3) |
| 2. arguments on demand and evidence credibility. (Para 11 , 13 , 15) |
| 3. court's affirmation of prosecution evidence credibility. (Para 12 , 18 , 19 , 37) |
| 4. legal principles on demand and acceptance proof. (Para 23 , 30 , 36) |
| 5. final decision and order. (Para 40 , 41 , 42) |
JUDGMENT :
Anil Kumar Choudhary, J.
Heard the parties through video conferencing.
2. This appeal has been preferred against the Judgment of Conviction and Order of Sentence dated 06.02.2020 passed by the Additional Sessions Judge-II-cum-Special Judge, A.C.B., Dhanbad in Special (Vigilance) Case No.13 of 2012 (CNR No.JHDH01-006029-2012) whereby and where under, the learned court below has held appellant-convict guilty for the offences punishable under Section 7 and under Section 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988. The appellant-convict has been sentenced to undergo Rigorous Imprisonment for four years and to pay a fine of Rs.1,50,000/- for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 and in default of payment of fine to undergo Simple Imprisonment for a period o
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.
In bribery trap cases, proof of demand and voluntary acceptance of gratification is essential; mere recovery of tainted notes insufficient amid material witness contradictions, absent shadow witness ....
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.
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