Graft is referred to corruption in India and charged under Prevention of Corruption Act.
Supreme Court has recently ordered that stay in criminal trial and graft cases can’t be longer than 6 months unless by a well reasoned speaking order.
Corruption has hit the country badly. Everyday news of government official involved in corruption makes headlines in the newspaper.
Courts should respect the mandate of speedy trial and faithful disbursal of justice.
High Courts of respective states are asked to grant stay only in rarest of rare cases.
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Acquittal in these cases can be possible only if :
1 There is benefit of doubt to accused.
2 Demand and acceptance of bribe not proved.
3 Sanction from the prosecution authority not taken.
4 Lack of Evidence
5 Discrepancies in the statements of witnesses.
The conviction usually happens under Section 7 and 13(2) of Prevention of the Corruption Act.
The latest conviction in this case is of Punjab Police AIG held guilty for taking bribe of Rs. 50 K.
Even though the complainant turned hostile in the present case but still CBI was able to nail Sandhu who defended his case on the sole ground that money paid was repayment of loan not bribe.
In India one can be charged u/s 191 IPC for giving false evidence commonly referred as perjury.
For more info on the subject, please dial- 7888-356908.