LI Network
Published on: 18 April 2023 at 11:54 IST
Supreme Court clarified that, The trial Court and Public prosecutor both have a duty to ensure that the appropriate charge is framed in a criminal case. If the proper charge is not framed, it is the duty of the public prosecutor to bring this to the attention of the court and request the framing of an appropriate charge.
Supreme Court: Proof of demand and acceptance of gratification is necessary to establish an offense punishable under Section 7 of the PC Act.
The presumption under Section 20 of the PC Act can only be invoked on proof of facts in issue, namely, the demand of gratification by the accused and the acceptance thereof.
In this case, the prosecution failed to prove the demand for gratification, and hence, the offenses punishable under Section 7 and Section 13(2) read with Section 13(1)(d) have not been established.
The failure to frame a specific charge on demand and acceptance of gratification is not fatal unless it has resulted in the failure of justice.
Supreme Court rules that for establishing an offence punishable under Section 7 of the PC Act, proof of demand and acceptance of gratification is essential.