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.