Supreme Court · 2014 INSC 638 · Decided 24 September 2014

Somabhai Gopalbhai Patel v. State of Gujarat

Court
Supreme Court of India
Citation
2014 INSC 638 · [2014] 10 S.C.R. 668
Case number
CRIMINAL APPEAL No. 1864/2011
Decided
24 September 2014
Bench
MADAN B. LOKUR, C. NAGAPPAN (2-judge bench)
Outcome
Case Partly allowed
Case type
Criminal
Acts & sections cited
Prevention of Corruption Act Section 13(1)(d), 7

Headnote

PREVENTION OF CORRUPTION ACT, 1988: c ss. 7 and 13(1) (d) rlw s.13(2)- Demand and acceptance of illegal gratification - Conviction and sentence of 1 year and 2 years under the two counts respectively - Prosecution has established the demand and the acceptance of the amount by accused as illegal o interference - However, sentences reduced to RI for six months u/s 7 and 1 year uls 13(1) (d) r/w s.13(2) - Sentence! Sentencing . Allowing the appeal in part, the Court E HELD: 1.1. The primary requisite of an offence uls 13(1)(d) of the Prevention of Corruption Act, 1988 is proof of demand

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