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.