HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA
Kailash Chand Saini Son of Shri Shiv Shankar Verma – Appellant
Versus
State of Rajasthan, through Public Prosecutor – Respondent
JUDGMENT :
Anand Sharma, J.
1. With the consent of both the sides, arguments on the appeal were heard finally.
2. Present criminal appeal is directed against judgment and order dated 29.05.2023 passed by the Court of Special Judge, Prevention of Corruption Act Cases No. 1, Jaipur Metropolitan-II (hereinafter to be referred as ‘the trial court’) whereby the appellants have been convicted for commission of offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter to be referred as ‘the Act of 1988’) and Section 120-B of the Indian Penal Code (hereinafter to be referred as ‘IPC’) and sentenced as under:
| Appellants | Sections | Sentence |
|---|---|---|
1. Kailash Chand Saini |
The main legal point established in the judgment is the requirement to prove demand and acceptance of illegal gratification for conviction under the Prevention of Corruption Act.
The main legal point established is that demand of bribe is essential to establish guilt under the Prevention of Corruption Act, and mere recovery of money without proof of demand is insufficient for....
Illegal gratification – Allegation of demand of gratification and acceptance made by a public servant has to be established beyond reasonable doubt – Mere possession or recovery of currency notes is ....
The judgment establishes the high standard of proof required to establish the offence of illegal gratification by a public servant under the Prevention of Corruption Act, 1988, emphasizing the need t....
The central legal point established in the judgment is the requirement for the prosecution to prove demand and acceptance of illegal gratification by a public servant as a fact in issue, and the perm....
Proof of demand for illegal gratification is essential to establish offences under the Prevention of Corruption Act; mere recovery of money is insufficient.
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....
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