Supreme Court · 2009 INSC 838 · Decided 26 May 2009
A. Subair v. State of Kerala
- Court
- Supreme Court of India
- Citation
- 2009 INSC 838 · [2009] 9 S.C.R. 1058
- Case number
- CRIMINAL APPEAL No. 639/2004
- Decided
- 26 May 2009
- Bench
- V.S. SIRPURKAR, RAJENDRA MAL LODHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Prevention of Corruption Act Section 7, 13(1)(d), 13(2)
Headnote
.,t· ... Prevention of Corruption Act, 1988 - ss.7, 13(1)(d) rlw 13(2) and 20 - Public servant allegedly took gratification other c than legal remuneration in respect of official act - Conviction by Trial .Court - Affirmed by High Court - Propriety of - Held: On facts, not proper in evidence by prosecution - No explanation was given therefor - In absence of examination of complainant, there was no D substantive evidence to prove the factum of demand - ~ Besides, prosecution neither relied upon evidence of ~1 witnesses present at the time of raid nor evidence of panch
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