Supreme Court of India

Rajesh Gupta v. State through Central Bureau of Investigation

Neutral citation
Reported as [2022] 2 S.C.R. 864
Bench Vineet Saran and J. K. Maheshwari JJ.
Decided 29 March 2022

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In view of the foregoing, there is no iota of evidence by which the demand can be proved.

Judgment, page 10

From the headnote

Prevention of Corruption Act, 1988: s.7 – For an of fence under s.7, the demand of illegal gratification is a sin e qua non to prove the guilt – Mere recovery of currency notes cannot const itute an offence under s.7 unless it is proved beyond reason able doubt that accused voluntarily accepted the money, knowin g it to be a bribe – The proof of acceptance of illegal gratificatio n can follow only if there is proof of demand – In the instant case ther e are no sufficient evidence available which points towards such demand except of the evidence of the complainant whose sol e testimony cannot

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