Prevention of Corruption Act, 1988 : Accused Acquitted by High Court
Sec. 7 of Prevention of Corruption Act, 1988 deals with "undue advantage". Explanation 1 to S.7 of the Act says that for the purpose of this section [S.7], the obtaining, accepting, or the attempting to obtain an undue advantage shall itself constitute an offence even if the performance of a public duty by public servant, is not or has not been improper. Sec. 8(1) of the PC Act, 1988 deals with a person who gives an undue advantage. Sec. 19 (1) deals with previous sanction and cognisance of an offence under certain sections of PC Act, 1988.
In a recent case, accused was initially convicted for offences under the PC Act, 1988.
However, in Ghanshyam Hari Pagare v State of Maharashtra [2023] GCtR 2130 (Bombay), the appeal filed by the accused was allowed and the order of conviction was set aside. It was found that basic ingredients of the offence were not proved.
Accused secured his acquittal without engaging any designated Senior Advocate.
One can download entire judgment free of cost from the following link : -
https://bombayhighcourt.nic.in/ord_qryrepact.php
Written by
Vishal
Delhi
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