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Circumstantial evidence enough to hold public servant guilty of graft: SC

Five-judge Constitution bench lists terms for cases related to Prevention of Corruption Act

Supreme Court
premium

The court, on November 22, reserved its judgment on whether in the absence of primary evidence in graft cases it can rely on circumstantial evidence to determine the guilt of a public servant under the PCA

Bhavini Mishra New Delhi
Circumstantial evidence is enough to hold a public servant guilty under the Prevention of Corruption Act (PCA) when direct evidence is absent, said the Supreme Court on Thursday.

A Constitution bench comprising Justices S Abdul Nazeer, V Ramasubramanian, B R Gavai, A S Bopanna and B V Nagarathna said that if direct oral or documentary evidence is not there in a graft case, circumstantial evidence will hold.

“In order to bring home the guilt of the accused, the prosecution has to first prove the demand of illegal gratification and the subsequent acceptance as a matter of fact. This fact in issue can