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Karsan Hira Vs. State of Gujarat - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Judge
Reported inAIR1980SC460; 1980CriLJ1510; (1979)4SCC800c; 1979(11)LC276(SC)
ActsPrevention of Corruption Act - Sections 5(1) and (2); Indian Penal Code (IPC) - Sections 161
AppellantKarsan Hira
RespondentState of Gujarat
Excerpt:
criminal - bribe - sections 5 (1) and (2) of prevention of corruption act and section 161 of indian penal code, 1860 - appellant had been convicted under section 5 (1) (d) read with section 5 (2) of prevention of corruption act and also under section 161 of indian penal code - appellant argued that there were improbabilities in case of prosecution but courts below accepted case of prosecution which was based on evidence - money was recovered from person of appellant - appeal dismissed as being without merit. - .....been sentenced to r i. for one year and a fine of rs. 500/ in default for three months. he has also been convicted under section 161 ipc but no separate sentence has been awarded. we have heard learned counsel for the parties and have gone through the judgment of the high court and we do not find any error of law. mr. nambiar tried to argue that there are improbabilities in the case of the prosecution but the courts below accepted the case of the prosecution which is based on the evidence of pws. 2 and 3. the money was recovered from the person of the appellant. in these circumstances, we do not find any merit in this appeal and it is accordingly, dismissed.
Judgment:

S. Murtaza Fazal Ali, J.

1. In this appeal by special leave, the appellant has been convicted under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act and has been sentenced to R I. for one year and a fine of Rs. 500/ in default for three months. He has also been convicted under Section 161 IPC but no separate sentence has been awarded. We have heard learned Counsel for the parties and have gone through the judgment of the High Court and we do not find any error of law. Mr. Nambiar tried to argue that there are improbabilities in the case of the prosecution but the courts below accepted the case of the prosecution which is based on the evidence of PWs. 2 and 3. The money was recovered from the person of the appellant. In these circumstances, we do not find any merit in this appeal and it is accordingly, dismissed.


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