Supreme Court · 2006 INSC 787 · Decided 6 November 2006

B. Noha v. State of Kerala and ANR.

Court
Supreme Court of India
Citation
2006 INSC 787 · [2006] SUPP. 8 S.C.R. 368
Case number
CRIMINAL APPEAL No. 1122/2006
Decided
6 November 2006
Bench
ARIJIT PASAYAT, LOKESHWAR SINGH PANTA (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
CrPC; Evidence Act; Prevention of Corruption Act Section 7, 13(2)

Headnote

Prevention of Corruption Act, 1988; Ss. 7, l 3(J)(d) and 13(2): Demanding and accepting of illegal gratification by a public servant- C Testimony of interested witnesses-Evidentiary value-Held: Evidence on record clearly established demand and acceptance of illegal gratification­ Since it is demand/motive by direct evidence­ There was no basis to believe that the prosecution witness intended to falsely implicate the accused-Hence, evidence of such witness does not suffer from D any infirmity-However, considering the nature ofthe accusation, it would be appropriate to reduce the

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