Supreme Court of India
Banarsi Dass v. State of Haryana
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5 Supreme Court benches have cited this judgment.
From the headnote
Prevention of Corruption Act, 1947 - s.5(2) - Penal Code, 1860 - s.161 - Essential ingredients of s.5(2) of the Act and s.161 /PC - Held: To constitute offence under s.5(2) of the Act and s.161 /PC, prosecution has to prove demand and acceptance of. illegal gratification by the accused in discharge of official duties - Mere recovery of money would not lead to inference of such demand and acceptance - On facts, trap laid down and money recovered from pocket of accused - Complainant and another prosecution witness however became hostile witnesses - In these circumstances, prosecution failed to
Where later benches applied it
- 2012 Rakesh Kapoor v. State of Himachal Pradesh
- 2015 Vinod Kumar v. State of Punjab
- 2012 Syed Ahmed v. State of Karnataka
- 2014 Somabhai Gopalbhai Patel v. State of Gujarat
- 2014 Baldev Singh v. State of Punjab
Of those, 1 relied on · 1 distinguished · 2 referred to · 1 not applicable
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