Supreme Court · 2010 INSC 193 · Decided 5 April 2010
Banarsi Dass v. State of Haryana
- Court
- Supreme Court of India
- Citation
- 2010 INSC 193 · [2010] 4 S.C.R. 383
- Case number
- CRIMINAL APPEAL No. 630/2003
- Decided
- 5 April 2010
- Bench
- AFTAB ALAM, SWATANTER KUMAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 161; Prevention of Corruption Act Section 5(2)
Headnote
A B Prevention of Corruption Act, 1947 - s.5(2) - Penal Code, 1860 - s.161 - Essential ingredients of s.5(2) of the Act and s.161 /PC - Held: To constitute offence under s.5(2) C of the Act and s.161 /PC, prosecution has to prove demand and acceptance of. illegal gratification by the accused in would not lead to inference of such demand and acceptance - On facts, trap laid down and money recovered from pocket of D accused - Complainant and another prosecution witness however became hostile witnesses - In these circumstances, prosecution failed to establish the offence against the
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