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Supreme Court of India 2022-09-14 allowed

KANCHAN KUMAR vs THE STATE OF BIHAR

Bench: 2 — B.R. Gavai, Pamidighantam Sri Narasimha

In Brief

The appellant, an Assistant General Manager with Bihar State Financial Corporation, faced charges under the Prevention of Corruption Act, 1988 for allegedly possessing assets disproportionate to his income during 1974–1988. The trial court and high court dismissed his discharge application, citing that detailed examination would constitute an impermissible roving inquiry. The Supreme Court allowed his appeal, holding that courts must sift evidence at the discharge stage to identify basic infirmities. The prosecution's calculations contained glaring errors: a bank balance discrepancy (Rs. 43,002), double-counting of loan repayments (Rs. 53,467), and inclusion of articles purchased 12 years after the check period (Rs. 1,58,562). When corrected, the appellant's actual expenditure fell within his known income, destroying the prima facie case. The Court discharged the appellant and criticised the 22-year prosecution delay."

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Criminal Procedure Prevention of Corruption Act Discharge Prima Facie Case Evidence Disproportionate Assets

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