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august 1976

Supreme Court of India · 1976-08-31

RABINDRA KUMAR DEY vs STATE OF ORISSA

Citation / case number
SC 1971/60084
Court
Supreme Court of India
Petitioner
RABINDRA KUMAR DEY
Respondent
STATE OF ORISSA
Author
SYED MURTAZA FAZALALI
Bench
SYED MURTAZA FAZALALI

Judgment text excerpt

The Supreme Court addressed the charges against the appellant under Section 5(1)(c) and 5(1)(d) of the Prevention of Corruption Act, 1947, for misappropriating government funds. The Court held that the prosecution failed to establish the appellant's dishonest intention as the key witness was declared hostile and the Secretary of the Works Department was not examined. The Court emphasized the importance of examining material witnesses and the onus of proof resting on the prosecution, ultimately leading to the acquittal of the appellant.

RABINDRA KUMAR DEY vs STATE OF ORISSA · Niyam