Supreme Court · 2006 INSC 11 · Decided 4 January 2006
State of Maharashtra v. Rashid Babubhai Mulani
- Court
- Supreme Court of India
- Citation
- 2006 INSC 11 · [2006] 1 S.C.R. 189
- Case number
- CRIMINAL APPEAL No. 557/1999
- Decided
- 4 January 2006
- Bench
- S.B. SINHA, R.V. RAVEENDRAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 4, 5(2), 161; CrPC Section 313; Prevention of Corruption Act Section 4
Headnote
Conslilulion of India, 1950: Article 136-Acquillal by High Court-Interference with-If two views C are possible and the view of High Court in acquilling the accused cannot be said to be wholly improbable, Supreme Court will no/ interfere, but where material on record leads lo only conclusion of no/ justified in accepting explanation of the accused and giving him benefit of doubt. D Prevention of Corruption Act, 1947/Penal Code, 1860: ss. 4,5(2) read with s.5(/)(d)/s. I 6/-Presumption that gratification accepted as motive or reward-Rebultal of-Accused in his stalemenl uls 313 Cr.P.C.
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