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february 1968

Supreme Court of India · 1968-02-13

DALPAT SINGH & ANR. vs STATE OF RAJASTHAN

Citation / case number
SC 1965/135
Court
Supreme Court of India
Petitioner
DALPAT SINGH & ANR.
Respondent
STATE OF RAJASTHAN
Bench
HEGDE, K.S.

Judgment text excerpt

The Supreme Court held that the appellants, convicted under Sections 120B and 161 IPC, as well as Sections 5(1)(a) and 5(2) of the Prevention of Corruption Act, could not be sustained. The Court found that the acts of extortion did not satisfy the requirements of Section 161 IPC, and thus could not fall under Section 5(1)(a) of the Prevention of Corruption Act. However, the second appellant's conviction under Section 5(1)(d) was upheld, as it does not require proof of official duty. The first appellant's conviction was altered to Section 5(2) of the Prevention of Corruption Act read with Section 114 IPC.

DALPAT SINGH & ANR. vs STATE OF RAJASTHAN · Niyam