SUBBUSINGH versus STATE BY PUBLIC PROSECUTOR
The evidence establishes demand and receipt of bribe by the appellant; Section 20 presumption applies as money was demanded and received as bribe, and the accused failed to rebut the presumption; reversal of acquittal and conviction by High Court was justified.
- Parties
- Appellant: Subbusingh; Respondent: State by Public Prosecutor
- Jurisdiction
- India
- Judgment Date
- 04 May 2009
- Procedural Posture
- Criminal Appeal / Appeal From Acquittal Reversal (high Court)
- Outcome
- Appeal dismissed; conviction and sentence upheld.
- Legal Topics
- Prevention of Corruption Act, Presumption Under Section 20, Bribe Demand and Receipt by Police Officer, Phenolphthalein Test, Acquittal Reversal
Case Brief
Summary, issues, holding and outcome
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Parties
Subbusingh
Appellant
State by Public Prosecutor
Respondent
Procedural Posture
Criminal Appeal / Appeal From Acquittal Reversal (high Court)
Legal Issues
- 1 Whether the demand and receipt of bribe by appellant (A1) stands proved under Prevention of Corruption Act, 1988
- 2 Whether presumption under Section 20 applies upon proof of receipt of money as bribe
- 3 Whether the reversal of acquittal by the High Court was justified
Ratio Decidendi
The evidence establishes demand and receipt of bribe by the appellant; Section 20 presumption applies as money was demanded and received as bribe, and the accused failed to rebut the presumption; reversal of acquittal and conviction by High Court was justified.
Court Disposition
Appeal dismissed; conviction and sentence upheld.
Orders
- Appellant to surrender to custody forthwith to serve remainder of sentence, if any.
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