Supreme Court of India · 2006-10-09
The State Rep. By Inspector Of ... vs A. Parthiban
- Citation / case number
- AIR 2007 SUPREME COURT 51
- Court
- Supreme Court of India
- Petitioner
- The State Rep. By Inspector Of ...
- Respondent
- A. Parthiban
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, R.V. Raveendran
Judgment text excerpt
The Supreme Court held that the conviction under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, can coexist, as they operate separately. The Court found that the High Court erred in setting aside the conviction under Section 13(2) while upholding the conviction under Section 7, emphasizing that the severity of offences under the Act necessitates adherence to prescribed minimum sentences. The Court ultimately allowed the appeal, reinstating the conviction under both sections and rejecting the application of Section 360 of the Cr.P.C. for probation in this context.