Sanjiv Sharma v. C.B.I.
Case brief
What is this about?
High Court allowed appeals against conviction and sentence for corruption. Court held prosecution failed to prove demand for illegal gratification. Mere recovery of money insufficient without proof of demand. Convictions under PC Act and IPC 120B set aside.
What did the court decide?
Impugned judgment dated 11.03.2005 and order on sentence dated 14.03.2005 set aside. Appellants held not guilty and appeals disposed of.
What the court decided
$~51 & 52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Pronounced on: 19.09.2024
+ CRL.A. 246/2005 RK GUPTA ..... Appellant Through: Mr. Sanjay Jain, Mr. Ramesh Gupta, Sr. Advs. with Mr. Yuvraj Sharma, Advocate. versus STATE(THR.CBI) ..... Respondents Through: Mr. Anurag Ahluwalia, CGSC. + CRL.A. 248/2005 SANJIV SHARMA ..... Appellant Through: Mr. Pardeep Gupta, Mr. Parinav Gupta and Ms. Mansi Gupta, Advs. versus C.B.I. ..... Respondent Through: Mr. Anurag Ahluwalia, CGSC. CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN
JUDGMENT
VIKAS MAHAJAN, J.
- The present appeals have been filed by the appellants seeking to set aside the impugned judgment dated 11.03.2005 passed by the learned Special Judge in CC No. 24/1996, whereby both the appellants were held guilty of the charge under Section 120 B IPC. The
CRL.A.246/2005 & CRL.A. 248/2005
Page 1 of 36
Signature Not Verified
Issues for consideration
3 issues framed by the court
Whether impulse of demand of illegal gratification and acceptance thereof is established thereby conclusively amounting to securing of a conviction when there is no direct or circumstantial evidence s
Whether mere recovery of currency notes or tainted money from an accused without proof of demand constitutes an offence under Sections 7 and 13 of the Prevention of Corruption Act.
Whether the sole testimony of an interested witness without any independent corroboration is sufficient to convict accused persons of corruption offences.
Parties & counsel
- appellant
R.K. Gupta
- appellant
Sanjiv Sharma
- respondent
State(THR.CBI)
Coram
Case details
As recorded by the court registry
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