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GURPAL SINGH AHLUWALIA
Ku. Shiva Bhadoriya – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
1. Both Criminal Appeals arise out of Judgment and Sentence dated 29-10-2021 passed by Special Judge (Prevention of Corruption Act), Gwalior in Special Case No.300013 of 2016 by which the Appellants have been convicted for the following offences :
| S.No. | Appellant | Convicted under | Sentence |
| 1
| Shiva Bhadoriya | S. 120-B of IPC | 2 years R.I. and fine of Rs.2,000/- in default 3 months R.I. |
|
| S. 7 P.C. Act | 3 years R.I. and fine of Rs.4,000/- in default 6 months R.I. | |
|
| S. 13(1)(d)/13(2) P.C. Act R/w 120 B IPC | 4 years R.I. and fine of Rs.4,000/- in default 6 months R.I. | |
| 2
| Anand Kumar Shukla | S. 120-B of IPC | 2 years R.I. and fine of Rs.2,000/- in default 3 months R.I. |
|
| S. 7 P.C. Act | 3 years R.I. and fine of Rs.4,000/- in default 6 months R.I. | |
|
| S. 13(1)(d)/13(2) P.C. Act R/w 120 B IPC | 4 years R.I. and fine of Rs.4,000/- in default 6 months R.I. |
All the sentences shall run concurrently.
2. The prosecution story in short is that on 24-6-2014, the complainant Aslam Khan made a written complaint to Superintendent of Pol
The main legal point established in the judgment is the requirement to prove the demand and acceptance of illegal gratification beyond reasonable doubt, and the permissibility of drawing inferential ....
In assessing cases under the Prevention of Corruption Act, mere inquiries about bribe amounts do not equate to a legal demand, and evidence must be compelling to prove guilt beyond reasonable doubt.
The need for corroboration of evidence in corruption cases, the importance of a valid sanction, and the requirement to prove guilt beyond reasonable doubt.
The judgment emphasizes the necessity for the prosecution to establish the demand and acceptance of illegal gratification, as well as the pending work with the accused, to sustain a conviction under ....
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