Supreme Court · 2012 INSC 535 · Decided 22 November 2012
Rakesh Kapoor v. State of Himachal Pradesh
- Court
- Supreme Court of India
- Citation
- 2012 INSC 535 · [2012] 13 S.C.R. 148
- Case number
- CRIMINAL APPEAL No. 1839/2012
- Decided
- 22 November 2012
- Bench
- P. SATHASIVAM, RANJAN GOGOI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Prevention of Corruption Act Section 7, 13(2), 13(1)(a)
Headnote
Prevention of Corruption Act, 1988 - ss. 7 and 13(2) - Prosecution under - Demand and acceptance of illegal C gratification - Conviction by trial court - High Court confirmed conviction uls. 13(2) while setting aside conviction u/s. 7 - On appeal, held: Conviction uls. 13(2) cannot be sustained in uls. 13(1)(a) and also in view of acquittal u/s. i' - Conviction is also not sustainable in o view of lacuna in the prosecution case as regards demand of the bribe - Accused is entitled to benefit of doubt and hence . . acqwtted. The appellant-accused was prosecuted u/ss. 7 and 13(2) of Prevention
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