Supreme Court of India · 2010-04-05
BANARSI DASS vs STATE OF HARYANA
- Citation / case number
- SC 2003/5575
- Court
- Supreme Court of India
- Petitioner
- BANARSI DASS
- Respondent
- STATE OF HARYANA
- Author
- Swatanter Kumar
Judgment text excerpt
The Supreme Court examined the conviction under Section 5(2) of the Prevention of Corruption Act, 1947 and Section 161 IPC, emphasizing the necessity of proving demand and acceptance of bribe. The Court found that the prosecution failed to establish reliable evidence, including contradictions in witness statements and lack of proof regarding recovery, thus entitling the appellant to the benefit of doubt. The Court held that the punishment was excessively harsh given the appellant's prolonged ordeal and the hardships faced, ultimately allowing the appeal and setting aside the conviction.