Supreme Court · 1976 INSC 342 · Decided 17 December 1976

S. K. Kale v. State of Maharashtra

Court
Supreme Court of India
Citation
1976 INSC 342 · [1977] 2 S.C.R. 533
Case number
CRIMINAL APPEAL No. 301/1971
Decided
17 December 1976
Bench
P.N. BHAGWATI, S. MURTAZA FAZAL ALI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC; CrPC Section 342; Constitution Article 136; Prevention of Corruption Act Section 5(1)(d), 5(2)

Headnote

Prevention of Corruption Act, 1947, s. 5(1)(d), onus probandi, whether to be discharged by the Qf:cused. Constitution of India, Article 136, Re-appraisal of evidence under, when called for. The appellant was posted as the Local Purchase Officer at the Army Ordn­ ance Depot in Poona district. him under s. 5(1)(d) read with s. 5 (2) of the Prevention of Corruption Act, for having procured pecuniary benefit for a certain contractor by corrupt means, thereby causing wrongful loss to the army department. The Trial Court convicted the appellant, and· in appeal the High Court

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