Supreme Court of India
Rakesh Kapoor v. State of Himachal Pradesh
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From the headnote
Prevention of Corruption Act, 1988 - ss. 7 and 13(2) - Prosecution under - Demand and acceptance of illegal gratification - Conviction by trial court - High Court confirmed conviction uls. 13(2) while setting aside conviction u/s. 7 - On appeal, held: Conviction uls. 13(2) cannot be sustained in absence of the substantive charge uls. 13(1)(a) and also in view of acquittal u/s. i' - Conviction is also not sustainable in o view of lacuna in the prosecution case as regards demand of the bribe - Accused is entitled to benefit of doubt and hence . . acqwtted. The appellant-accused was prosecuted
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