Supreme Court of India
Rajesh Gupta v. State through Central Bureau of Investigation
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the foregoing, there is no iota of evidence by which the demand can be proved.
Judgment, page 10
From the headnote
Prevention of Corruption Act, 1988: s.7 – For an offence under s.7, the demand of illegal gratification is a sine qua non to prove the guilt – Mere recovery of currency notes cannot constitute an offence under s.7 unless it is proved beyond reasonable doubt that accused voluntarily accepted the money, knowing it to be a bribe – The proof of acceptance of illegal gratification can follow only if there is proof of demand – In the instant case there are no sufficient evidence available which points towards such demand except of the evidence of the complainant whose sole testimony cannot be…
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