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A. Sivaprakash vs. State of Kerala (SC)


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Prevention of Corruption Act, 1988–Sec. 13(1)(d)–Penal Code, 1860–Sec. 34–Conviction–Sustainability–Allegation that the appellant-public servant issued the certificate of completed work more than the actual work percentage–No allegation in charge-sheet he received money or obtained any pecuniary advantage for this–No evidence was also produced in this regard–Prosecution failed to satisfy the essential element of offence–Conviction cannot be sustained.