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    <title>2006 (1) TMI 608 - Supreme Court</title>
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    <description>Acceptance of money by a public servant triggers the statutory presumption that the gratification was accepted as a motive or reward for corruption, and that presumption is displaced only by evidence showing a reasonable and probable lawful explanation on a balance of probabilities. A bare statement under Section 313 CrPC, without corroboration, is insufficient. On the proved facts, the demand, acceptance and recovery in the trap case were found trustworthy, while the defence claim that the payment was towards government dues was unsupported by the record. The acquittal was therefore set aside, the conviction restored, and the sentence reduced.</description>
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    <pubDate>Wed, 04 Jan 2006 00:00:00 +0530</pubDate>
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      <title>2006 (1) TMI 608 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=175197</link>
      <description>Acceptance of money by a public servant triggers the statutory presumption that the gratification was accepted as a motive or reward for corruption, and that presumption is displaced only by evidence showing a reasonable and probable lawful explanation on a balance of probabilities. A bare statement under Section 313 CrPC, without corroboration, is insufficient. On the proved facts, the demand, acceptance and recovery in the trap case were found trustworthy, while the defence claim that the payment was towards government dues was unsupported by the record. The acquittal was therefore set aside, the conviction restored, and the sentence reduced.</description>
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      <pubDate>Wed, 04 Jan 2006 00:00:00 +0530</pubDate>
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