Supreme Court · 1997 INSC 11 · Decided 8 January 1997

C.K. Damodaran Nair v. GOVT. of India

Court
Supreme Court of India
Citation
1997 INSC 11 · [1997] 1 S.C.R. 107
Case number
CRIMINAL APPEAL No. 687/1989
Decided
8 January 1997
Bench
M.K. MUKHERJEE, S.P. KURDUKAR (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC Section 161, 5(2), 4(1); Prevention of Corruption Act Section 5(1)(d), 4(1)

Headnote

B Climinal Law : Penal Code, 1860-Section 161-0ffence unde1-Ingredients of-Presumption under S.4 of-Prevention of comtption-Act-Raising C of-Held: Offence under S.161 !PC could be established by proof of either "acceptance" or "obtainment" of illegal gratification-Proof of without proof of p1ior agree­ ment-Prevention of Comtption Act, 1947, Ss. 4(1) and 5(1)(d). Section 161- accused obtained money pursuant to demand made by him earlie1-Accused took the plea that complainant forcibly tlmtst money into his pocket-Held: accused obtained money by abusing his

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