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may 1959

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.

KRISHAN KUMAR vs THE UNION OF INDIA · Niyam