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Supreme Court of India 2023-04-17 allowed

SOUNDARAJAN vs STATE REP. BY THE INSPECTOR OF

Bench: 2 — Abhay S. Oka, Rajesh Bindal

In Brief

A Sub-Registrar was convicted of demanding and accepting a bribe of Rs. 500 from a complainant for registering a property sale deed. The Supreme Court allowed the appeal and acquitted him, holding that the prosecution failed to establish the essential ingredients of demand and acceptance of gratification required under the Prevention of Corruption Act. Although the trial court omitted to frame specific charges for the alleged demands on 6th and 13th August 2004, this was not fatal because the appellant understood the prosecution case. The complainant did not support the prosecution, and the shadow witness failed to depose to any specific demand. Without proof of both demand and acceptance of gratification, conviction could not be sustained.

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Criminal Law Prevention of Corruption Act Charge Framing Evidence and Proof Public Servants Bribery Criminal Procedure

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