Supreme Court · 2015 INSC 769 · Decided 14 October 2015

N. Sunkanna v. State of Andhra Pradesh

Court
Supreme Court of India
Citation
2015 INSC 769 · [2015] 12 S.C.R. 882
Case number
CRIMINAL APPEAL No. 1355/2015
Decided
14 October 2015
Bench
M.Y. EQBAL, C. NAGAPPAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
Prevention of Corruption Act Section 7, 13(1)(d)

Headnote

Prevention of Corruption Act, 1988- ss. 7, 13(1)(d) rlw c 13(2) and 20-Allegation of demand and acceptance of bribe - Trap arranged- Recovery of tainted notes from the accused - During trial complainant turned hostile- The courts below relying on the Panch Witnesses and drawing presumption ul s. was no 0 evidence to prove that the accused made any demand­ Mere recovery of the tainted currency notes from the accused without proof of demand will not bring home the offence u/ s. 7 -In absence of proof of demand offence uls.13(1)(d) is also not established- Unless there is proof of

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