Supreme Court · 2022 INSC 359 · Decided 29 March 2022
Rajesh Gupta v. State Through Central Bureau of Investigation
- Court
- Supreme Court of India
- Citation
- 2022 INSC 359 · [2022] 2 S.C.R. 864
- Case number
- CRIMINAL APPEAL No. 1769/2014
- Decided
- 29 March 2022
- Bench
- VINEET SARAN, J.K. MAHESHWARI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Evidence Act; Prevention of Corruption Act Section 7, 20, 13(1)(d)
Headnote
Prevention of Corruption Act, 1988: s.7 - For an offence under s.7, the demand of illegal gratification is a sine qua non to prove the guilt - Mere recovery of currency notes cannot constitute an offence under s.7 unless it is proved accused voluntarily accepted the money, knowing it to be a bribe - The proof of acceptance of illegal gratification can follow only if there is proof of demand - In the instant case there are no sufficient evidence available which points towards such demand except of the evidence
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