MUKHTIAR SINGH versus STATE OF PUNJAB
Demand and voluntary acceptance of illegal gratification by the appellant were proved by credible and corroborated evidence. The conviction under Sections 7 and 13(l)(d) read with 13(2) of the Prevention of Corruption Act, 1988 must stand as all essential ingredients and legal presumptions were satisfied, and no plausible defence was established.
- Parties
- Appellant Accused: Mukhtiar Singh; Respondent: State of Punjab
- Jurisdiction
- India
- Judgment Date
- 05 July 2016
- Procedural Posture
- Criminal Appeal / Appeal Before Supreme Court After Conviction Affirmed by High Court
- Outcome
- Appeal dismissed; conviction affirmed.
- Legal Topics
- Prevention of Corruption Act, Illegal Gratification, Conviction of Public Servant
Case Brief
Summary, issues, holding and outcome
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Parties
Mukhtiar Singh
Appellant Accused
State of Punjab
Respondent
Procedural Posture
Criminal Appeal / Appeal Before Supreme Court After Conviction Affirmed by High Court
Legal Issues
- 1 Whether demand and acceptance of illegal gratification by public servant were proved beyond reasonable doubt.
- 2 Whether conviction under Sections 7 and 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 was justified.
Ratio Decidendi
Demand and voluntary acceptance of illegal gratification by the appellant were proved by credible and corroborated evidence. The conviction under Sections 7 and 13(l)(d) read with 13(2) of the Prevention of Corruption Act, 1988 must stand as all essential ingredients and legal presumptions were satisfied, and no plausible defence was established.
Court Disposition
Appeal dismissed; conviction affirmed.
Orders
- Conviction and sentence under Sections 7 and 13(1)(d) r/w 13(2) of PC Act upheld.
- Imprisonment for one year for each offence as ordered by High Court sustained.
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