Supreme Court of India · 2009-05-05
Sheo Kumar Shrivastava vs State Of Bihar
- Citation / case number
- AIRONLINE 2009 SC 141
- Court
- Supreme Court of India
- Petitioner
- Sheo Kumar Shrivastava
- Respondent
- State Of Bihar
- Bench
- G.S. Singhvi, B.N. Agrawal
Judgment text excerpt
The Supreme Court held that the conviction under Section 161 IPC and Section 5(2) read with Section 5(i)(d) of the Prevention of Corruption Act, 1947 was erroneous due to significant lapses in the prosecution's case, including the failure to treat the alleged bribe money with phenolphthalein powder and the hostility of key witnesses. The Court emphasized that these deficiencies undermined the credibility of the prosecution's evidence. Consequently, the Court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant.