Criminal Law
Mode of Citation- ILC-2016-SC-CRL-....
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Criminal Law
Mode of Citation- ILC-2016-SC-CRL-....
Judgement Subject Index/Important Decision/Topic

ILC-2015-SC-CRL-Aug-14

Indra Vijay Alok Vs. State of M.P.

Head Note

Prevention of Corruption Act,1988  - Section 7 , Section 13 (1) ,  (2) , Section 20

Corruption - Presumption - Illegal gratification - Merely for the reason that DW-6 panch witness has not supported prosecution case, the ring of truth in the prosecution case is not shaken in the present case, particularly, when the statements of remaining witnesses are credible and trustworthy - Non examination of Investigating Officer by the prosecution is on account of his death when the prosecution evidence was recorded - Even otherwise, presumption can be drawn under Section 20 of the Act, 1988, regarding the motive of receiving the gratification unless it is rebutted - In the present case the presumption does not stand rebutted - Request on behalf of the appellant to reduce the period of sentence to the period already undergone declined in the facts and circumstances of the present case - Appeal liable to be dismissed.

Topic(s)-Corruption - Presumption - Conviction







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