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march 1966

Supreme Court of India · 1966-03-03

V.D.JHANGAN vs STATE OF UTTAR PRADESH

Citation / case number
SC 1964/90303
Court
Supreme Court of India
Petitioner
V.D.JHANGAN
Respondent
STATE OF UTTAR PRADESH
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court addressed the presumption under Section 4(1) of the Prevention of Corruption Act, 1947, clarifying that the prosecution need only prove the receipt of money or valuable things by the accused for the presumption to arise. The Court held that the burden of proof on the accused is to establish his case on a preponderance of probabilities, not beyond a reasonable doubt. The appellant's conviction under Section 161 IPC and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act was upheld as he failed to meet this burden.

V.D.JHANGAN vs STATE OF UTTAR PRADESH · Niyam