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

april 1990

Supreme Court of India · 1990-04-05

M. SUNDERAMOORTHY vs THE STATE OF TAMIL NADU THROUGH INSPECTOROF POLICE

Citation / case number
SC 1979/62701
Court
Supreme Court of India
Petitioner
M. SUNDERAMOORTHY
Respondent
THE STATE OF TAMIL NADU THROUGH INSPECTOROF POLICE
Author
M. FATHIMA BEEVI
Bench
M. FATHIMA BEEVI

Judgment text excerpt

The Supreme Court upheld the conviction of the appellant under Section 161 IPC and Section 5(2) of the Prevention of Corruption Act, 1947, confirming that the presumption under Section 4(1) was not successfully rebutted. The Court established that once it is shown that the accused received money not due as legal remuneration, a presumption arises that it was received as a reward, and the burden lies on the accused to provide a true explanation. The appellant's claims were deemed insufficient to overturn the conviction, resulting in a sentence of 15 months rigorous imprisonment.

M. SUNDERAMOORTHY vs THE STATE OF TAMIL NADU THROUGH INSPECTOROF POLICE · Niyam