Supreme Court · 2003 INSC 630 · Decided 13 November 2003
State of Andhra Pradesh v. V. Vasudeva Rao
- Court
- Supreme Court of India
- Citation
- 2003 INSC 630 · [2003] SUPP. 5 S.C.R. 500
- Case number
- CRIMINAL APPEAL No. 208/1997
- Decided
- 13 November 2003
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 61, 5(2); CrPC Section 313; Evidence Act Section 4, 114; Prevention of Corruption Act Section 1611, 4(1), 5(l)(d)
Headnote
Penal Code, 1860/Prevention of Corruption Act, 1947-Section 1611 Sections 4(1) and 5(2) rlw Section 5(1}(d)-1//egal gratification- C Complaint-Trap arranged-Accused caught with tainted amount­ Prosecution-Acceptance of money admitted, but the same pleaded to be return of Court on the ground that in absence of evidence to prove acceptance of money, presumption not available-On appeal, held: Accused liable to be convicted as receipt and D recovery of tainted money is accepted-Presumption u/s 4 being legal presumption, is compulsory presumption-For drawing such
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