State of Rajasthan v. Babu Khan
Case brief
What is this about?
This segment of a criminal appeal excerpts the statutory presumptions under the Prevention of Corruption Act regarding acceptance of gratification and notes a reference to constitutional writ jurisdiction, without stating the court's decision.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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S.B.Crimina1 Appeal No. 744/2011
State of Rajasthan
20. Presumption where public servant accepts gratification other than legal remuneration.-
"(1) Where, in any trial of an offence punishable under section 7 or section 1 1 or clause (aJ or clause (b) of sub-section (1) of section 13 it is proved that
an accused person has accepted or obtained or has agreed to accept or attempted to obtain for himself, or for any other person, any gratification (other than legal remuneration) or any valuable thing from any person, it shall be presumed, unless the contrary is proved, that he accepted or obtained or agreed to accept or attempted to obtain that gratification or that valuable thing, as the case may be, as a motive or reward such as is mentioned in section 7 or, as thercaswy itkoutconsideration or for a +. r*.., I B~.Q Q 7' .considerati,oB hich--lmows tb..ina equatip . (2J. A.erq+in>iny ria o an o ence punishaB114a" f ff .. 4% g : B'. e finder .&f @+- &Y>, section 12 or P wder @lause (b) of section 14, it is proqed .hat any I '% @@% &fitation (other than legal remuneration) or any valuable thing 1 ./@ s s been given or offered to be given or attempted to be gien~~by *4Y accused person, it shall be presumed, unless the contrxry .,?& proved, that he gave or offered to give or attempted to giveathat: gratification or that valuable thing, as the case may be, as 2 motive or reward such as is mentioned in section 7, or as the case r a consideration which he lcnows to be in
interference of
Issues for consideration
3 issues framed by the court
Whether the presumption under Section 13(1) of the Prevention of Corruption Act applies when the prosecution proves acceptance of gratification.
Whether the High Court had jurisdiction to quash the criminal proceedings under Article 226 of the Constitution.
Whether the phrase 'as the case may be' in the proviso to Section 13(1) covers both Sections 7 and 11.
Parties & counsel
- appellant
State of Rajasthan
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · January
- Registered
- Case no.
- CRLA/744/2011
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