Judgments
Supreme Court
V. Sejappa v. State
MANU/SC/0494/2016
12.04.2016
Criminal
Mere handing over of currency notes not illegal gratification
Merely handing over money to a government official is insufficient to establish illegal gratification in the absence of proof of demand, the Supreme Court held.
The case at hand involved a government official having allegedly demanded Rs. 5000 from a retiree before he would sanction his retiral benefits and pension. Pursuant to a probe being conducted, the Appellant was found to have handled tainted money.
The court, however, was disinclined to be swayed by such singular evidence, noting that the Appellant was absent from office on official business when demand was made; there remained a dearth of evidence proving demand. It was also critical of the High Court’s failure to consider the defence that the amount paid by the retiree may have been for purchase of diesel.
Relevant
Umedbhai Jadavbhai Case MANU/SC/0164/1977
C.M. Sharma v. State of A.P.
MANU/SC/0981/2010
Muralidhar alias Gidda and Anr. v. State of Karnataka
MANU/SC/0294/2014
Tags : Illegal gratification proof of demand
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