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december 1959

Supreme Court of India · 1959-12-15

SRI C. I. EMDEN vs THE STATE OF U. P.

Citation / case number
SC 1958/44
Court
Supreme Court of India
Petitioner
SRI C. I. EMDEN
Respondent
THE STATE OF U. P.
Author
SINHA, BHUVNESHWAR P.(),GAJENDRAGADKAR, P.B.,SUBBARAO, K.,GUPTA, K.C. DAS,SHAHC.
Bench
SINHA, BHUVNESHWAR P.(CJ),GAJENDRAGADKAR, P.B.,SUBBARAO, K.,GUPTA, K.C. DAS,SHAH, J.C.

Judgment text excerpt

The Supreme Court upheld the conviction of the appellant under Section 161 IPC and Section 4 of the Prevention of Corruption Act, 1947, for accepting a bribe of Rs. 375. The Court ruled that Section 4 does not violate Article 14 of the Constitution, as it establishes a rational classification of public servants to combat bribery. The presumption of guilt under Section 4 was deemed valid, as the appellant failed to provide a satisfactory rebuttal to the presumption that the money received was not legal remuneration.

SRI C. I. EMDEN vs THE STATE OF U. P. · Niyam