Supreme Court · 1990 INSC 123 · Decided 5 April 1990
M. Sunderamoorthy v. The State of Tamil Nadu Through Inspector of Police
- Court
- Supreme Court of India
- Citation
- 1990 INSC 123 · [1990] 2 S.C.R. 335
- Case number
- CRIMINAL APPEAL No. 818/1979
- Decided
- 5 April 1990
- Bench
- V. RAMASWAMI, M. FATHIMA BEEVI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 5(2), 161; Prevention of Corruption Act Section 4, 5(2), 5(1)(d)
Headnote
Prevention of Corruption Act, 1947: Sections 4( 1), 5( l)(d) and 5(2)-Accused shown to have accepted money which was not legal remuneration-Proves guilty conduct-Rebuttal must be by explana­ tion which must be true, not merely plausible. The appellant was an Accountant-cum-Headclerk in the the canteen contractor. The prosecution alleged that on the basis of a complaint made by the appellant that the food served in the canteen was substandard, PW-3 issued a show cause notice to PW-I, as to why the licence for the canteen should not be cancelled and that thereafter the appellant
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