Proof Of Demand & Voluntary Acceptance Of Bribe Key For Conviction, Recovery Of Marked Currency Notes Not Sufficient: J&K High Court
1 day, 7 hours ago

Proof Of Demand & Voluntary Acceptance Of Bribe Key For Conviction, Recovery Of Marked Currency Notes Not Sufficient: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has ruled that the recovery of marked currency notes or a positive hand wash test, without proof of demand and voluntary acceptance of a bribe, cannot sustain a conviction under anti-corruption laws. Acquitting a former Accounts Officer, Justice Puneet Gupta emphasized that the prosecution must establish these fundamental elements beyond a reasonable doubt to convict an accused in corruption cases. “There can be no dispute that the recovery of currency notes from the accused or the hand wash test even if positive will not prove the accused guilty unless the basic ingredients of demand and voluntary acceptance of bribe are proved by the prosecution. Quashing the trial court's judgment, the High Court acquitted Shah of all charges observing that the prosecution's failure to establish the essential elements of the offense rendered the conviction unsustainable.

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History of this topic

Clerk Accused Of Taking ₹150 Bribe Acquitted By Rajasthan High Court After 38 Years
1 year, 10 months ago

Clerk Accused Of Taking ₹150 Bribe Acquitted By Rajasthan High Court After 38 Years

Live Law  

The Rajasthan High Court recently acquitted a clerk of District Transport Office, Sikar who was convicted by the trial court in a bribery case of Rs. Single judge bench of Justice Narendra Singh Dhaddha held: “As per the story of prosecution, Rs.150/- were given by Sultanaram to the appellant but prosecution failed to prove the demand and acceptance of the …

Mere Recovery Of Tainted Money From Accused In The Absence Of Proof Of Demand Not Sufficient To Sustain Conviction : Bombay High Court
3 years, 3 months ago

Mere Recovery Of Tainted Money From Accused In The Absence Of Proof Of Demand Not Sufficient To Sustain Conviction : Bombay High Court

Live Law  

In a case under the Prevention of Corruption Act, mere recovery of tainted money from the accused in the absence of proof of demand is not sufficient to sustain the conviction, reiterated the Bombay High Court. "Mere recovery of tainted money from the accused in the absence of proof of demand is not sufficient to sustain the conviction," the court …

Mere Recovery Of Currency Notes From Public Servant Does Not Constitute Offence U/s 7 Of Prevention Of Corruption Act: Supreme Court
3 years, 10 months ago

Mere Recovery Of Currency Notes From Public Servant Does Not Constitute Offence U/s 7 Of Prevention Of Corruption Act: Supreme Court

Live Law  

The Supreme Court has observed that mere possession or recovery of currency notes is not sufficient to constitute an offence under Section 7 of the Prevention of Corruption Act.To prove the charge, it has to be proved beyond reasonable doubt that accused voluntarily accepted money knowing it to be bribe, the bench comprising Justices Ashok Bhushan, R. Subhash Reddy and …

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