PUBLIC PROSECUTOR vs YUVARAJ - 1968 MarsdenLR 115

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1968 MarsdenLR 115

JUDGMENT

Lord Diplock J:

(delivering the judgment of the Board): The respondent was charged before the Sessions Court, Batu Pahat, with an offence under s. 4(a) of the Prevention of Corruption Act 1961, which is in the following terms:-

If -

(a) any agent corruptly accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification as an inducement or reward for doing or forbearing to do, or for having after the coming into operation of this Act done or forborne to do, any act in relation to his principal's affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal's affairs or business;

... he shall be guilty of an offence ...

s. 14 of the same Act provides:-

Where in any proceedings against a person for an offence under s. 3 or 4 it is proved that any gratification has been paid or given to or received by a person in the employment of any public body, such gratification shall be deemed to have been paid or given and received corruptly as an inducement or reward as hereinbefore mentioned, unless the contrary in proved.

It was pro

Click Here to Read the rest of this document