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2006 (10) TMI 487 - SC - Indian Laws

Issues involved: Appeal against conviction under Section 7 read with Section 13 of the Prevention of Corruption Act.

Summary:
The appellant, a public servant, was convicted under Section 7 read with Section 13 of the Prevention of Corruption Act for demanding and accepting illegal gratification. The appellant was caught red-handed while demanding and accepting a bribe of &8377; 1500 for facilitating a permanent telephone connection. The trial court awarded him six months Rigorous Imprisonment and a fine of &8377; 500, along with additional penalties. The High Court upheld the trial court's judgment after detailed examination of the evidence.

The appellant's defense argued that the sanction order for prosecution was invalid due to lack of sufficient material. However, the Supreme Court held that it cannot assess the adequacy of material before the sanctioning authority and cannot act as an appellate body over the sanction order. The sanctioning authority had considered all available materials in detail, and the presence of some unproven materials does not invalidate the sanction order. The Court found no merit in the appeal and dismissed it.

 

 

 

 

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