2012 (5) TMI 771 - SC - Indian Laws

Supreme Court affirms conviction under Corruption & Penal Code laws, stresses proof of illegal gratification.

Mukut Bihari & Anr Versus State of Rajasthan

The Supreme Court upheld the conviction of the appellants for offenses under the Prevention of Corruption Act, 1988 and the Indian Penal Code. The case ... - Issues involved: Appeal against conviction u/s 7 and 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 and u/s 120B of Indian Penal Code, 1860.Summary:The appeal was filed against the conviction of the appellants for offenses under the Prevention of Corruption Act, 1988 and the Indian Penal Code. The case involved a complaint regarding a demand for a bribe for issuance of a discharge ticket at a hospital. A trap was arranged, leading to the arrest of the appellants. The trial court found them guilty, and the High Court affirmed the decision. The defense argued that the prosecution failed to prove the demand of illegal gratification and that the trap case lacked independent eyewitness support. The prosecution contended that acceptance of tainted money was sufficient for conviction. The Supreme Court examined the evidence and upheld the lower courts' findings. It was established that the appellants demanded and accepted a bribe, supported by witness testimonies and trap details. The court emphasized the importance of proving demand of illegal gratification for conviction under the Act. The appellants' explanations were found lacking, and their guilt was upheld. The court cited precedents to support its decision. The appeal was dismissed, but the appellants' sentence was reduced due to health reasons and prolonged litigation.