Supreme Court of India
P. Sarangapani (dead) Thr. Lr Paka Saroja v. State of Andhra Pradesh
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What the Court ordered
In view of the above, once the undue advantage i.e., any gratifi cation whatever, other than the legal remuneration is proved to have been accepted by the accused, the Court is entitled to raise the presumption under Section 20 that he accepted the undue advantage as a motive or reward under Section 7 for performing or to cause performance of a public duty impr operly or dishonestly.
Judgment, page 7
From the headnote
Issue for consideration: Whether the High Court was justifi ed in confi rming the conviction of appellant-accused no.1 u/s. 7 and s.13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988. Prevention of Corruption Act, 1988 – Allegation that appellant- accused no.1 had demanded and accepted a sum of Rs. 1500/- as gratification other then legal remuneration from th e defacto- complainant – Trial Court convicted the appellant-accused no.1 for the off ences u/s. 7 and s.13(1)(d)r/w 13(2) of the 1988 Act – High Court confi rmed the conviction – Propriety: Held: In the instant case the pre-trap
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