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september 1962

Supreme Court of India · 1962-09-28

DHANVANTRAI BALWANTRAI DESAI vs STATE OF MAHARASHTRA

Citation / case number
SC 1960/86
Court
Supreme Court of India
Petitioner
DHANVANTRAI BALWANTRAI DESAI
Respondent
STATE OF MAHARASHTRA
Bench
MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court upheld the conviction of the appellant under Section 161 IPC and Section 5(1)(d) of the Prevention of Corruption Act, 1947, affirming that the presumption under Section 4 of the Act was correctly raised as the appellant accepted gratification beyond legal remuneration. The Court clarified that the burden of rebutting this presumption is heavier than that under Section 114 of the Evidence Act, requiring the accused to provide proof supporting their explanation. The appellant's claim that the money was for temple repairs was deemed insufficient to rebut the presumption, leading to the affirmation of his conviction.

DHANVANTRAI BALWANTRAI DESAI vs STATE OF MAHARASHTRA · Niyam