P.K.Gupta v. C.B.I.
Case brief
What is this about?
The Delhi High Court acquitted the appellant, a former Junior Engineer, of corruption charges. The court held that the prosecution failed to prove a direct demand for a bribe by the appellant or reliable evidence of his acceptance, rendering the conviction unsustainable.
What did the court decide?
The appellant was acquitted of the offences under Section 161 IPC and Section 5(1)(d) of the Prevention of Corruption Act, 1947.
What the court decided
*** IN THE HIGH COURT OF DELHI AT NEW DELHI**
- CRL. APPEAL NO.90/2002
RESERVED ON: JULY 08, 2011 % DATE OF DECISION: August 04, 2011
P.K. GUPTA ….APPELLANT
THROUGH: Mr. Sidharth Luthra, Sr. Advocate with Mr. Pramod Kumar Dubey, Mr. Nitesh Mehra, Mr. Ankur Garg, Mr. Yashpreet Singh & Mr. Ashish Dixit, Advocates
VERSUS
C.B.I ….RESPONDENT THROUGH: Mr. Narender Mann, Special Public Prosecutor for CBI.
CORAM:
HON’BLE MR. JUSTICE M.L. MEHTA
- Whether reporters of Local papers be -Yes allowed to see the judgment?
- To be referred to reporter or not? -Yes
- Whether the judgment should be reported in the Digest? -Yes
Issues for consideration
3 issues framed by the court
Whether the prosecution proved that the appellant demanded or obtained gratification by corrupt or illegal means.
Whether mere recovery of tainted money without reliable evidence of demand and acceptance establishes guilt under the Act.
Whether the evidence was reliable and consistent to prove the offence beyond reasonable doubt.
Parties & counsel
- appellant
P.K. Gupta
- respondent
C.B.I
Coram
M.L. Mehta
Case details
As recorded by the court registry
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