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MANJARI NEHRU KAUL
Gurpreet Singh – Appellant
Versus
Central Bureau of Investigation – Respondent
JUDGMENT
Mrs. Manjari Nehru Kaul, J.
The appellant is impugning the judgment of conviction and order of sentence dated 25.10.2011 passed by learned Special Judge, CBI Court, Chandigarh, vide which he was convicted and sentence in case FIR No.RCCHG2007A0021 dated 17.01.2008 titled as Central Bureau of Investigation v. Gurpreet Singh, as under:-
| Name of convict | Offence | Period of sentence | Fine imposed | Period of sentence in default of payment of fine |
| Gurpreet Singh | 7 of Prevention of Corruption Act, 1988 | Rigorous imprisonment for one year | Rs. 5, 000/- | R.I. for two months |
|
| 13 (2) read with 13 (1) (d) of Prevention of Corruption Act, 1988 | Rigorous imprisonment for two years | Rs. 20, 000/- | R.I. for four months |
2. Case Of The Prosecution:
The prosecution must prove the demand and acceptance of bribe beyond reasonable doubt; mere possession of tainted money is insufficient for conviction.
Corruption – Conviction cannot be recorded on the sole fact that accused had failed to explain the recovery of tainted money from his possession
Proof of demand and acceptance of bribe as a sine qua non for conviction under the Prevention of Corruption Act, emphasizing the necessity of corroborative evidence beyond the complainant's testimony....
Proof of demand and acceptance of illegal gratification is essential for conviction under the Prevention of Corruption Act.
Demand for illegal gratification is essential to establish guilt under the Prevention of Corruption Act, and mere recovery of money is insufficient.
The necessity of proving both demand and acceptance of bribe under the Prevention of Corruption Act for a conviction, emphasizing that mere acceptance of tainted money is insufficient without evidenc....
Both demand and acceptance of illegal gratification are required for a conviction under the Prevention of Corruption Act; mere acceptance of bribe without proven demand fails to establish culpability....
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