VidhiSangh

Supreme Court of India · 09/08/2017

VASANT RAO GUHE versus STATE OF MADHYA PRADESH

[2017] 8 S.C.R. 570 · 2017 INSC 718

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A disproportionate-assets conviction was set aside because the prosecution omitted substantial income and the courts supplied speculative calculations that materially changed the accusation without a fresh charge. The prosecution first had to establish disproportionate assets beyond reasonable doubt before requiring a satisfactory explanation from the public servant.

Issues

  1. Whether speculative judicial reconstruction of omitted income and expenditure could sustain the disproportionate-assets conviction.
  2. When the accused’s obligation to explain disproportionate assets arises.

Provisions considered

Held

Result

Appeal allowed; conviction and sentence set aside, giving the appellant the benefit of doubt.

Judgment PDF: Supreme Court of India, [2017] 8 S.C.R. 570.