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april 2010

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.

BANARSI DASS vs STATE OF HARYANA · Niyam