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Neeraj Dutta vs State(Govt.Of N.C.T.Of Delhi) on 15 December, 2022 cites

N. Narsinga Rao vs State Of Andhra Pradesh on 12 December, 2000

9. On a perusal of the Order of Reference, we find that it has been discerned by a bench of three judges that there is a conflict in the decisions of two three-judge Benches of this Court in the cases of B. Jayaraj vs. State of Andhra Pradesh (2014) 13 SCC 55 (“B. Jayaraj”); P. Satyanarayana Murthy vs. D. Inspector of Police, State of A.P. (2015) 10 SCC 152 (“P. Satyanarayana Murthy”) with the decision in M. Narsinga Rao vs. State of A.P. (2001) 1 SCC 691 (“M. Narsinga Rao”) with regard to the nature and quality of proof necessary to sustain a conviction under Section 7 and Section 13(2) read with Section 13(1)(d) of the Act when the primary evidence of the complainant is unavailable. Thus, in the absence of primary evidence of the complainant due to his death or non-availability, is it permissible to draw an inferential deduction of culpability/ guilt of a public servant under Section 7 and Section 13(2) read with Section 13(1)(d) of the Act based on other evidence adduced by the prosecution, is the neat question which is under consideration by this Constitution Bench.
Supreme Court of India Cites 16 - Cited by 239 - Full Document

P.Satyanarayana Murthy vs Dist.Insp.Of Police & Anr on 14 September, 2015

9. On a perusal of the Order of Reference, we find that it has been discerned by a bench of three judges that there is a conflict in the decisions of two three-judge Benches of this Court in the cases of B. Jayaraj vs. State of Andhra Pradesh (2014) 13 SCC 55 (“B. Jayaraj”); P. Satyanarayana Murthy vs. D. Inspector of Police, State of A.P. (2015) 10 SCC 152 (“P. Satyanarayana Murthy”) with the decision in M. Narsinga Rao vs. State of A.P. (2001) 1 SCC 691 (“M. Narsinga Rao”) with regard to the nature and quality of proof necessary to sustain a conviction under Section 7 and Section 13(2) read with Section 13(1)(d) of the Act when the primary evidence of the complainant is unavailable. Thus, in the absence of primary evidence of the complainant due to his death or non-availability, is it permissible to draw an inferential deduction of culpability/ guilt of a public servant under Section 7 and Section 13(2) read with Section 13(1)(d) of the Act based on other evidence adduced by the prosecution, is the neat question which is under consideration by this Constitution Bench.
Supreme Court of India Cites 10 - Cited by 209 - A Roy - Full Document

Kishan Chand Mangal vs State Of Rajasthan on 14 October, 1982

11. Another judgment referred to in the Reference Order which is a case which arises under the 1947 Act is Kishan Chand Mangal vs. State of Rajasthan (1982) 3 SCC 466 (“Kishan Chand Mangal”). In the said case, it was observed that it was a case of entrapment where the complainant had given a bribe and the demand of the said bribe was also present. It was observed that the evidence on record, for instance, the complainant’s visit to the Anti-Corruption Bureau, his producing currency notes and the superior officer of the department making a trap arrangement, and the raiding party going to the house of the accused indicated that a prior demand for payment was made by the accused and the same was circumstantial evidence.
Supreme Court of India Cites 13 - Cited by 41 - D A Desai - Full Document

B.Jayaraj vs State Of A.P on 28 March, 2014

9. On a perusal of the Order of Reference, we find that it has been discerned by a bench of three judges that there is a conflict in the decisions of two three-judge Benches of this Court in the cases of B. Jayaraj vs. State of Andhra Pradesh (2014) 13 SCC 55 (“B. Jayaraj”); P. Satyanarayana Murthy vs. D. Inspector of Police, State of A.P. (2015) 10 SCC 152 (“P. Satyanarayana Murthy”) with the decision in M. Narsinga Rao vs. State of A.P. (2001) 1 SCC 691 (“M. Narsinga Rao”) with regard to the nature and quality of proof necessary to sustain a conviction under Section 7 and Section 13(2) read with Section 13(1)(d) of the Act when the primary evidence of the complainant is unavailable. Thus, in the absence of primary evidence of the complainant due to his death or non-availability, is it permissible to draw an inferential deduction of culpability/ guilt of a public servant under Section 7 and Section 13(2) read with Section 13(1)(d) of the Act based on other evidence adduced by the prosecution, is the neat question which is under consideration by this Constitution Bench.
Supreme Court of India Cites 6 - Cited by 511 - R Gogoi - Full Document

A. Subair vs State Of Kerala on 26 May, 2009

(iv) In P. Satyanarayana Murthy, reference was made to two cases, namely, A. Subair vs. State of Kerala (2009) 6 SCC 587 (“A. Subair”) and State of Kerala vs. C.P.Rao (2011) 6 SCC 450 (“C.P.Rao”). In the first of the aforesaid two cases, it was observed that the prosecution has to prove the charge under Sections 7 and 13(1)(d) of the Act like in any criminal offence and that the accused should be considered to be innocent till it is established otherwise by proper proof of 17 demand and acceptance of illegal gratification which are vital ingredients necessary to be proved to record a conviction. In C.P. Rao, which is the second of the two cases referred to in P. Satyanarayana Murthy, it was observed by this Court that mere recovery by itself would not prove the charge against the accused. In the absence of any evidence to prove the payment of bribe or to show that the accused had voluntarily accepted the money knowing it to be bribe, the conviction could not be sustained.
Supreme Court of India Cites 16 - Cited by 398 - R M Lodha - Full Document

Suresh Budharmal Kalani @ {A[[I La;Amo vs State Of Maharashtra on 15 September, 1998

It was held that, for the purpose of reaching one conclusion, the court can rely on a factual presumption. Unless the presumption is disproved or dispelled or rebutted, the Court can treat the presumption as tantamounting to proof. However, this Court sounded a note of caution by stating that it may be unsafe to use that presumption to draw yet another discretionary presumption unless there is a statutory compulsion. Reliance was placed on Suresh Budharmal Kalani vs. State of Maharashtra (1998) 7 SCC 337 (“Suresh Budharmal Kalani”), wherein it was 20 observed that a presumption can be drawn only from facts — by a process of probable and logical reasoning and not from other presumptions.
Supreme Court of India Cites 8 - Cited by 61 - Full Document

State Of U.P. vs Ram Asrey on 7 February, 1990

In this regard, learned senior counsel placed reliance on State of U.P. vs. Ram Asrey 1990 Supp SCC 12 (“Ram Asrey”); Mukhtiar Singh vs. State of Punjab; (2017) 8 SCC 136 (“Mukhtiar Singh”); M.R. Purushotam vs. State of Karnataka (2015) 3 SCC 247 (“M.R. Purushotam”); C.M. Sharma vs. State of Andhra Pradesh (2010) 15 SCC 1 (“C.M. Sharma”); State of Maharashtra vs. Dhyaneshwar Laxman Rao Wankhede (2009) 15 SCC 200 (“Dnyaneshwar Laxman Rao”);
Supreme Court of India Cites 2 - Cited by 23 - S R Pandian - Full Document

Mukhtiar Singh vs State Of Punjab on 5 July, 2016

In this regard, learned senior counsel placed reliance on State of U.P. vs. Ram Asrey 1990 Supp SCC 12 (“Ram Asrey”); Mukhtiar Singh vs. State of Punjab; (2017) 8 SCC 136 (“Mukhtiar Singh”); M.R. Purushotam vs. State of Karnataka (2015) 3 SCC 247 (“M.R. Purushotam”); C.M. Sharma vs. State of Andhra Pradesh (2010) 15 SCC 1 (“C.M. Sharma”); State of Maharashtra vs. Dhyaneshwar Laxman Rao Wankhede (2009) 15 SCC 200 (“Dnyaneshwar Laxman Rao”);
Supreme Court of India Cites 13 - Cited by 145 - R K Agrawal - Full Document

C.M.Sharma vs State Of A.P. Th. I.P on 25 November, 2010

In this regard, learned senior counsel placed reliance on State of U.P. vs. Ram Asrey 1990 Supp SCC 12 (“Ram Asrey”); Mukhtiar Singh vs. State of Punjab; (2017) 8 SCC 136 (“Mukhtiar Singh”); M.R. Purushotam vs. State of Karnataka (2015) 3 SCC 247 (“M.R. Purushotam”); C.M. Sharma vs. State of Andhra Pradesh (2010) 15 SCC 1 (“C.M. Sharma”); State of Maharashtra vs. Dhyaneshwar Laxman Rao Wankhede (2009) 15 SCC 200 (“Dnyaneshwar Laxman Rao”);
Supreme Court of India Cites 8 - Cited by 203 - C K Prasad - Full Document

State Of Maharashtra vs Dnyaneshwar Laxman Rao Wankhede on 29 July, 2009

In this regard, learned senior counsel placed reliance on State of U.P. vs. Ram Asrey 1990 Supp SCC 12 (“Ram Asrey”); Mukhtiar Singh vs. State of Punjab; (2017) 8 SCC 136 (“Mukhtiar Singh”); M.R. Purushotam vs. State of Karnataka (2015) 3 SCC 247 (“M.R. Purushotam”); C.M. Sharma vs. State of Andhra Pradesh (2010) 15 SCC 1 (“C.M. Sharma”); State of Maharashtra vs. Dhyaneshwar Laxman Rao Wankhede (2009) 15 SCC 200 (“Dnyaneshwar Laxman Rao”);
Supreme Court of India Cites 9 - Cited by 227 - S B Sinha - Full Document
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