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Supreme Court of India 2023-06-15

A. SRINIVASULU vs THE STATE REP. BY THE INSPECTOR

Bench: 2 — V. Ramasubramanian, Pankaj Mithal

In Brief

This case involved a criminal appeal against the conviction of three BHEL officers and a contractor for alleged conspiracy to cheat BHEL in awarding a desalination plant contract. The Supreme Court acquitted all appellants, finding that the prosecution's case rested primarily on the unreliable testimony of a single approver whose own admissions contradicted the conspiracy allegations. The Court held that the prosecution failed to obtain mandatory sanction under Section 197(1) of the Criminal Procedure Code before prosecuting the Executive Director. For the other accused, the Court found that BHEL suffered no actual loss (having recovered funds through invoking bank guarantees), that handwriting evidence establishing forgery was procedurally improper, and that convictions under Section 193 IPC lacked any specific allegation of false evidence in judicial proceedings. The judgment emphasizes that approver testimony must be corroborated and meet strict reliability standards before convictions can be sustained.

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Criminal Procedure Corruption Public Servants Evidence Approver Testimony Forgery Cheating Conspiracy Sanction Requirements Handwriting Evidence

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