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december 1973

Supreme Court of India · 1973-12-03

MAHESH PRASAD GUPTA vs STATE OF RAJASTHAN

Citation / case number
SC 1970/60189
Court
Supreme Court of India
Petitioner
MAHESH PRASAD GUPTA
Respondent
STATE OF RAJASTHAN
Bench
ALAGIRISWAMI

Judgment text excerpt

The Supreme Court upheld the conviction of the appellant under Section 5(1)(d) and Section 5(2) of the Prevention of Corruption Act, 1947, as well as Section 161 IPC, for accepting a bribe of Rs. 15 while processing a loan application. The Court clarified that under Section 4(1) of the Act, the burden of proof shifts to the appellant to demonstrate that the amount was not accepted as a bribe, reinforcing the presumption that acceptance of gratification not constituting legal remuneration is for an official act. The appeal was dismissed, affirming the concurrent findings of guilt by the trial court and High Court.

MAHESH PRASAD GUPTA vs STATE OF RAJASTHAN · Niyam