Niyam v2 is live — start for just ₹100 — 200 credits to try

december 1976

Supreme Court of India · 1976-12-17

S.K. KALE vs STATE OF MAHARASHTRA

Citation / case number
SC 1971/60147
Court
Supreme Court of India
Petitioner
S.K. KALE
Respondent
STATE OF MAHARASHTRA
Author
SYED MURTAZA FAZALALI
Bench
SYED MURTAZA FAZALALI

Judgment text excerpt

The Supreme Court overturned the conviction of the appellant under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947, holding that the lower courts misapplied the burden of proof by placing it on the accused rather than the prosecution. The Court emphasized that the inferences drawn by the High Court were legally incorrect and did not support a conviction. Consequently, the Court acquitted the appellant, establishing that the prosecution must prove guilt beyond reasonable doubt.

S.K. KALE vs STATE OF MAHARASHTRA · Niyam