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Supreme Court of India 2021-02-03 allowed

N.Vijayakumar vs State of Tamil Nadu

Bench: 3 — Ashok Bhushan, R. Subhash Reddy, M.R. Shah

In Brief

A Sanitary Inspector was charged with demanding and accepting a bribe of Rs. 500 and a mobile phone. The trial court acquitted him; the High Court reversed this and convicted him under Sections 7, 13(2), and 13(1)(d) of the Prevention of Corruption Act, 1988. The Supreme Court allowed the appeal, holding that the High Court erred in not determining whether the trial court's acquittal was based on a "possible view" of the evidence. The Court found material contradictions in witness testimony, inordinate delay in testing for fingerprints, and absence of credible proof of demand and acceptance of the bribe. The acquittal was a reasonably possible conclusion and should not have been disturbed.

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Prevention of Corruption Act Criminal Procedure Acquittal and Reversal Evidence and Proof Appellate Powers

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