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    <title>1990 (11) TMI 404 - Supreme Court</title>
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    <description>An appeal under Section 394 CrPC abates on the appellant&#039;s death unless a qualified relative seeks leave within the prescribed time and shows sufficient cause for delay; a belated application filed nearly ten years later was rightly rejected, so the appeal abated as to the deceased appellant. In the corruption prosecution, the conviction could not be sustained because the prosecution failed to prove demand of illegal gratification by reliable evidence, and the presumption arising from acceptance of gratification could not replace proof of the foundational facts. The surviving appellant was therefore acquitted and his conviction and sentence set aside.</description>
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      <title>1990 (11) TMI 404 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=169318</link>
      <description>An appeal under Section 394 CrPC abates on the appellant&#039;s death unless a qualified relative seeks leave within the prescribed time and shows sufficient cause for delay; a belated application filed nearly ten years later was rightly rejected, so the appeal abated as to the deceased appellant. In the corruption prosecution, the conviction could not be sustained because the prosecution failed to prove demand of illegal gratification by reliable evidence, and the presumption arising from acceptance of gratification could not replace proof of the foundational facts. The surviving appellant was therefore acquitted and his conviction and sentence set aside.</description>
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