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THE STATE OF BIHAR v. BASAWAN SINGH

Supreme Court of India | Diary 77/1955

Status

Judgment

Decided On

1958-03-21

Bench

BHAGWATI NATWARLAL H.,AIYYAR T.L. VENKATARAMA,DAS S.K.,SARKAR A.K.,BOSE VIVIAN

Petitioner

THE STATE OF BIHAR

Respondent

BASAWAN SINGH

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Full Judgment Text

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 12

PETITIONER: THE STATE OF BIHAR

Vs.

RESPONDENT: BASAWAN SINGH

DATE OF JUDGMENT: 21/03/1958

BENCH: DAS, S.K. BENCH: DAS, S.K. BOSE, VIVIAN BHAGWATI, NATWARLAL H. AIYYAR, T.L. VENKATARAMA SARKAR, A.K.

CITATION: 1958 AIR 500 1959 SCR 195

ACT: Criminal Law-Byibe-Trap-Testimony of the raiding Party- Reliability-Independent corroboration-Whether- essential- Whether circumstantial evidence sufficient-Evidence of Magistrate interested in the trap-Evidence of accomplices and partisans-Reliability.

HEADNOTE: The respondent, a sub-inspector of police, was charged with acceptance of Rs. 100 as a bribe from two persons, B and P, for dropping a case which he had instituted against B under the Essential Supplies (Temporary Powers) Act, 1946. The prosecution case was that when the demand for the bribe made by the respondent could not be avoided, B and P approached the Anticorrosive Department, and it was arranged that the respondent should be paid at the police station the bribe money in the shape of currency notes produced by B and P and initialled by M, who was in charge of the Anti-Corruption Department, and that M, along with a Deputy Superintendent of the Department and a first class Magistrate, should be at the police station at the time of payment, dressed as ordinary villagers ; that as soon as the amounts in notes were received by the respondent the off...

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