Supreme Court · 2009 INSC 662 · Decided 4 May 2009

Subbusingh v. State BY Public Prosecutor

Court
Supreme Court of India
Citation
2009 INSC 662 · [2009] 7 S.C.R. 383
Case number
CRIMINAL APPEAL No. 402/2002
Decided
4 May 2009
Bench
ARIJIT PASAYAT, D.K. JAIN, MUKUNDAKAM SHARMA (3-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
Prevention of Corruption Act Section 7, 12

Headnote

A B Prevention of Corruption Act, 1988 - ss. 7 rlw 12 and 13(2) rlw 13(1)(d) r/w 12 and 20-Demand and receipt of bribe - By police officer (A 1) through his friend (A2) -- Threatening C the complainant to implicate him in criminal case - Trap arranged - Phenolphthalein test positive -Acquittal of by trial court - High Court convicting A-1 while upholding acquittal of A-2 - On appeal, held.: Facts of the case and conduct of A-1 establish his guilt - The occurrence D leading to demand of the bribe also established - Once it is proved that money was demanded as br{/Je and the same was

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