Mere Recovery Of Amount Without Conclusive Proof Of Demand Not Sufficient To Prove Charges Under Prevention Of Corruption Act: J&K High Court
1 month, 1 week ago

Mere Recovery Of Amount Without Conclusive Proof Of Demand Not Sufficient To Prove Charges Under Prevention Of Corruption Act: J&K High Court

Live Law  

The J&K High Court has held that a material discrepancy in the prosecution's case with respect to the mode and manner in which the demand for a bribe is made is sufficient to acquit the accused under the Corruption Act. The court also emphasized the principle that "Mere acceptance of any amount allegedly by way of illegal gratification or recovery thereof, without proof of the demand, would not be sufficient to bring home the charge against the accused." However, the court said that the complainant admitted that the synopsis on the file was neither signed nor stamped by the respondent, and she handed over ₹5,000/- to the respondent without checking the same. The court observed, "It is difficult to believe that the complainant, without ascertaining the seal and signature on the synopsis, would pay ₹5,000/- to the respondent."

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History of this topic

SC strengthens legal protection in appeal cases
2 weeks, 6 days ago

SC strengthens legal protection in appeal cases

Hindustan Times  

Reaffirming the fundamental principle that “bail is the rule, and jail is the exception,” the Supreme Court on Friday ruled that an individual acquitted by a trial court must be released on bail when a high court reviews the acquittal order. The ruling came while setting aside two orders of the Delhi high court that stayed a discharge order in …

Deficiency To Prove Safe Custody And Timely Submission Of Contraband Samples Can Render Prosecution's Version Doubtful: J&K High Court
6 months, 3 weeks ago

Deficiency To Prove Safe Custody And Timely Submission Of Contraband Samples Can Render Prosecution's Version Doubtful: J&K High Court

Live Law  

Upholding the acquittal of two individuals accused under the Narcotic Drugs and Psychotropic Substances Act, 1985, the Jammu and Kashmir and Ladakh High Court has underscored the prosecution's obligation to demonstrate that the contraband was kept in safe custody and that samples were forwarded to the Forensic Science Laboratory without delay. Citing Supreme Court in State of Rajasthan v. Gurmail …

JJ Act | Plea Of Juvenility Can Be Raised At Any Stage Even After Disposal Of Case : Supreme Court
10 months, 2 weeks ago

JJ Act | Plea Of Juvenility Can Be Raised At Any Stage Even After Disposal Of Case : Supreme Court

Live Law  

Observing that the plea of juvenility of the accused may be raised before any court at any stage, even after final disposal of the case, the Supreme Court held that such a plea of juvenility couldn't be rejected without conducting a proper inquiry. Unconvinced with the approach of the High Court for not adverting to the prayer of the appellant/accused …

Presumptions In NDPS Act Do Not Dispense With Prosecutions' Burden To Prove The Charge Beyond Reasonable Doubt: SC [Read Judgment]
7 years, 7 months ago

Presumptions In NDPS Act Do Not Dispense With Prosecutions' Burden To Prove The Charge Beyond Reasonable Doubt: SC [Read Judgment]

Live Law  

The Supreme Court, in Naresh Kumar vs State of HP, has held that presumption provisions in the Narcotic Drugs and Psychotropic Substances Act, 1985 against an accused does not dispense with the obligation of the prosecution to prove the charge beyond all reasonable doubt.A bench comprising Justice L Nageswara Rao and Justice Navin Sinha, while restoring a trial court’s findings …

Presumptions In NDPS Act Do Not Dispense With Prosecutions' Burden To Prove The Charge Beyond Reasonable Doubt: SC [Read Judgment]
7 years, 7 months ago

Presumptions In NDPS Act Do Not Dispense With Prosecutions' Burden To Prove The Charge Beyond Reasonable Doubt: SC [Read Judgment]

Live Law  

The Supreme Court, in Naresh Kumar vs State of HP, has held that presumption provisions in the Narcotic Drugs and Psychotropic Substances Act, 1985 against an accused does not dispense with the obligation of the prosecution to prove the charge beyond all reasonable doubt.A bench comprising Justice L Nageswara Rao and Justice Navin Sinha, while restoring a trial court’s findings …

Prosecution Needs To Establish Case Beyond All ‘Reasonable’ Doubts, Not All Doubts: SC [Read Judgment]
8 years, 4 months ago

Prosecution Needs To Establish Case Beyond All ‘Reasonable’ Doubts, Not All Doubts: SC [Read Judgment]

Live Law  

The rule regarding the benefit of doubt does not warrant acquittal of the accused by resorting to surmises, conjectures or fanciful considerations, the Bench said.The Supreme Court in Yogesh Singh Vs. Mahabeer Singh, has held that the burden on the prosecution is only to establish its case beyond all reasonable doubt and not all doubts and the rule regarding the …

Prosecution Needs To Establish Case Beyond All ‘Reasonable’ Doubts, Not All Doubts: SC [Read Judgment]
8 years, 4 months ago

Prosecution Needs To Establish Case Beyond All ‘Reasonable’ Doubts, Not All Doubts: SC [Read Judgment]

Live Law  

The rule regarding the benefit of doubt does not warrant acquittal of the accused by resorting to surmises, conjectures or fanciful considerations, the Bench said.The Supreme Court in Yogesh Singh Vs. Mahabeer Singh, has held that the burden on the prosecution is only to establish its case beyond all reasonable doubt and not all doubts and the rule regarding the …

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