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HIGH COURT OF RAJASTHAN - RAJASTHAN HIGH COURT PRINCIPAL SEAT JODHPUR
DR. PUSHPENDRA SINGH BHATI, J
Banshi Lal Baghela – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. overview of the case facts and initial complaint against the appellant. (Para 2 , 3 , 4 , 5 , 6) |
| 2. discussion on lack of demand proof by the prosecution. (Para 7 , 8 , 9) |
| 3. legal requirements established by precedent for conviction under the act. (Para 10 , 11 , 15 , 17) |
| 4. court's decision to quash the conviction based on insufficient evidence of demand. (Para 12 , 13 , 14 , 16 , 18 , 19) |
Judgment
Reserved on 19/04/2022
Pronounced on 21/04/2022
1. In the wake of instant surge in COVID – 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.
2. This criminal appeal under Section 374 Cr.P.C. has been preferred against the judgment 13.10.2000 passed by the learned Special Judge (Sessions Judge), Prevention of Corruption Act, Jodhpur in Criminal Case No.176/97, whereby the present accused-appellant was convicted for the offence under Section 7 of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘Act of 1988’) and was sentenced to undergo one year’s rigorous imprisonment and a fine of Rs.3000/-, in default of payment of which, he was to
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