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VIVEK KUMAR SINGH
V. Willys – Appellant
Versus
State – Respondent
JUDGMENT :
PRAYER: Criminal Appeal filed under Section 374 (2) of Criminal Procedure Code, 1973 to set aside the conviction and sentence imposed upon the appellant/accused by the Special Court for Prevention of Corruption Act Cases, Villupuram in Special Case No.37 of 2014 dated 08.02.2019 and allow the appeal.
Challenging the conviction and sentence imposed on the appellant/accused by the learned Judge, Special Court for Prevention of Corruption Act Cases, Villupuram in Special Case No.37 of 2014 dated 08.02.2019, the present appeal has been preferred by the appellant.
2. The brief facts which leads to the filing of the present appeal is as follows:
Charges under Section 12 of the Prevention of Corruption Act require a substantive offence to be present and can be altered by the court before judgment, according to legal precedents.
The court affirmed that while a Prosecutor can alert the court to charge deficiencies, only the court can alter charges, ensuring no prejudice to the accused.
Point of law: So far as the presumption under Section 20 of the PC Act is concerned, it trite that even the presumption under Section 20 of the PC Act can be drawn only if an accused person has accep....
At the charge framing stage, the court assesses whether a prima facie case exists, focusing on the allegations rather than the proof of guilt.
The judgment establishes that the demand and acceptance of illegal gratification under the Prevention of Corruption Act must be proved beyond reasonable doubt, and minor contradictions in evidence ma....
The power to alter the charge under Section 216 Cr.P.C. is exclusive to the Court and can be exercised at any time before the judgment is pronounced. The alteration must be founded on material availa....
Conviction under the Prevention of Corruption Act was quashed due to incorrect charge framing and lack of necessary sanction, rendering the trial null and void.
The main legal point established in the judgment is the requirement for clear evidence of demand and acceptance to establish the offence of illegal gratification under the Prevention of Corruption Ac....
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