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Supreme Court of India 2022-07-11 other

State of Kerala vs M. Karunakaran etc

Bench: 2 — M.R. Shah

In Brief

Two Excise Prevention Officers (accused 1 and 2) were convicted by a Special Court of demanding and accepting illegal gratification from a toddy shop operator under the Prevention of Corruption Act, 1988, receiving sentences of 2 years and 1 year imprisonment respectively. The High Court acquitted them, finding the essential twin elements of demand and acceptance unproven. The State appealed with significant delay. The Supreme Court condoned the delay but deferred its decision sine die, noting that the case involved a larger bench reference on whether inferential evidence can prove demand without direct complainant testimony under the Prevention of Corruption Act—a question whose resolution would directly impact this appeal."

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Prevention of Corruption Act Demand and Acceptance Criminal Procedure Appellate Jurisdiction Evidence

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