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IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH, V.NARASINGH
Republic of India(CBI) – Appellant
Versus
Prakash Kumar Sinha – Respondent
| Table of Content |
|---|
| 1. factual background of the bribery case (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. investigation and evidence collection process (Para 11 , 12 , 13 , 14 , 15) |
| 3. prosecution's arguments and reliance on prior judgments (Para 16 , 20 , 21 , 22 , 24) |
| 4. court's reasoning for upholding acquittal (Para 25 , 28 , 29 , 30 , 31) |
| 5. final conclusion rejecting the appeal (Para 32) |
Judgment :
V. Narasingh, J.
1. Heard Mr. S. Nayak, learned counsel for the Petitioner and Mr. R. Agrawal, learned counsel for the Opposite Party.
2. This is an application filed under Section 378(2) of the Cr.P.C., 1973 by the Republic of India(CBI) seeking leave to appeal against judgment for acquittal dated 08.09.2017 passed by the learned Special Judge,C.B.I-II, Bhubaneswar in TR No.34 of 2010 (RC No.9(A)-2010), acquitting the Opposite Party, Head clerk, Flash Butt welding Plant(FBWP), South Eastern Railway, Jharsuguda from the accusation of committing offences under Section 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1908 on account of allegation that the Opposite Party-accused demanded and accepted illegal gratification of Rs.5,000/- (Rupees Five Thousand) from the c
The acquittal in corruption cases necessitates clear and convincing evidence; lack of key witness undermines prosecution's case.
The court reiterated that evidence must establish guilt beyond reasonable doubt and an accused enjoys the presumption of innocence, particularly in cases of acquittal.
The appellate court affirmed the trial court's acquittal due to insufficient corroborative evidence, underscoring the presumption of innocence and the need for reliable witness testimony in corruptio....
The proof of demand of illegal gratification is essential to establish offences under the Prevention of Corruption Act. Mere recovery of tainted money is not sufficient without evidence of demand and....
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....
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