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Supreme Court of India 2016-05-10 allowed

A. Sivaprakash vs State of Kerala

Bench: 2 — A.K. Sikri

In Brief

A public servant working as an Assistant Engineer was convicted of criminal misconduct under the Prevention of Corruption Act for issuing a letter regarding work valuation. The Supreme Court acquitted him, holding that the letter was not a stage certificate as claimed by the prosecution and that advance payment under the Jawahar Rozgar Yojana was permissible upon commencement of work, not dependent on completion percentages. The Court found no causal connection between the letter and the payment, and no evidence that the appellant personally obtained pecuniary advantage. Mere procedural irregularities cannot establish criminal guilt beyond reasonable doubt; the circumstances must be wholly incompatible with innocence.

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Criminal Law Anti-Corruption Public Service Evidence and Proof Criminal Procedure Government Contracts Administrative Law

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