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IN THE HIGH COURT OF JUDICATURE AT MADRAS
VIVEK KUMAR SINGH
State represented by The Inspector of Police – Appellant
Versus
A.Sivakumar – Respondent
| Table of Content |
|---|
| 1. introduction of case facts and procedural history. (Para 1 , 2) |
| 2. appellant's arguments supporting the appeal. (Para 3 , 4) |
| 3. evidence details and prosecution's stance. (Para 5 , 6 , 7) |
| 4. contradictions and their implications on evidence. (Para 8 , 10 , 12 , 14 , 22) |
| 5. the outcome of the appeal against acquittal. (Para 9) |
| 6. court's observations on procedural flaws and the impact on verdict. (Para 11) |
| 7. legal principles regarding demand and evidence. (Para 13 , 20) |
| 8. issues with procedural adherence and evidence admissibility. (Para 15 , 16 , 26) |
| 9. critique of evidence regarding acceptance of bribes. (Para 17 , 19 , 21) |
| 10. conclusion and dismissal of the appeal. (Para 27 , 28 , 29) |
JUDGMENT :
VIVEK KUMAR SINGH, J.
Challenging the order passed by the learned Chief Judicial Magistrate, Tiruppur and Special Court for Trial of Cases under the Prevention of Corruption Act, 1988 in Spl.C.C.No.7 of 2014 dated 12.09.2019, the present appeal has been preferred by the petitioner.
2. The short facts of the case is as follows:
2.1. There was a dispute between Subramaniam/PW3/de-facto complainant's brother-in-law and one Muthukrishnan over the sale of some property. Due to which, S
Acquittal cannot be overturned unless trial court's conclusion is perverse; sufficient evidence must establish bribery allegations beyond reasonable doubt.
Point of Law : 9, 8 Offence under Sections 13(1)(d)(i) and (ii) is concerned as in absence of any proof of demand for illegal gratification, the use of corrupt or illegal means or abuse of position a....
The court affirmed that a valid sanction and credible evidence of demand and acceptance of bribes are essential for conviction under the Prevention of Corruption Act.
The prosecution must prove demand and acceptance of bribe beyond reasonable doubt in corruption cases; failure to do so results in acquittal.
The prosecution must establish the demand for and acceptance of illegal gratification beyond reasonable doubt; mere recovery of tainted money and contradictions among witnesses insufficient for convi....
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....
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