Supreme Court of India · 1959-05-21
KRISHAN KUMAR vs THE UNION OF INDIA
- Citation / case number
- SC 1957/60081
- Court
- Supreme Court of India
- Petitioner
- KRISHAN KUMAR
- Respondent
- THE UNION OF INDIA
- Bench
- KAPUR, J.L.
Judgment text excerpt
The Supreme Court upheld the conviction of the appellant under Section 5(1)(c) of the Prevention of Corruption Act, 1947, for misappropriation of goods. The Court established that the prosecution need only prove that the servant received the goods and failed to account for them, and that the burden of explaining any loss lies with the servant. The appellant's false explanation was deemed relevant in establishing guilty intention, leading to the affirmation of his conviction and a reduced sentence of nine months' rigorous imprisonment.