SURAJPAL SINGH vs THE STATE OF UTTAR PRADESH

The Supreme Court held that the conviction of the appellant under Section 5(2) of the Prevention of Corruption Act, 1947, was illegal as he was acquitted of the charge under Section 5(1)(c) for dishonestly misappropriating property. The Court clarified that the only charge against him was under Section 5(1)(c), and without a conviction on that charge, he could not be convicted under Section 5(2) or any other category of misconduct not charged. The ruling emphasized that the presumption under Section 5(3) could only apply if the initial charge was established, which was not the case here.