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Supreme Court of India 2021-04-13 allowed

State of Rajasthan vs Ashok Kumar Kashyap

Bench: 2 — Dhananjaya Y. Chandrachud, M.R. Shah

In Brief

A Patwari (village record keeper) was accused of demanding a bribe of Rs. 2,800 from a citizen seeking domicile and OBC certificates. A Special Judge found prima facie grounds and framed charges under Section 7 of the Prevention of Corruption Act. The High Court reversed this in revision, examining the recorded conversation between the complainant and accused in detail and concluding insufficient evidence of demand. The Supreme Court allowed the State's appeal, holding that at the charge-framing stage, courts must not conduct a "mini trial" on merits. The court need only find prima facie grounds that the offence ingredients exist based on material taken at face value, without weighing evidence or assessing likelihood of conviction—tasks for the trial court. The High Court erred by evaluating the transcript to determine conviction prospects and discharged the accused, exceeding its revisional jurisdiction. The charge-framing order was restored.

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Prevention of Corruption Act Criminal Procedure Discharge Application Bribery Framing of Charge

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