Case Note & Summary
The appeal was filed against the conviction of the appellant under the Prevention of Corruption Act, 1947 and the Indian Penal Code. The appellant, a patwari, was accused of demanding a bribe from Sat Pal Kaur for recording Khasra Girdawaris in her mother's name. The prosecution claimed that the appellant demanded Rs. 900 but accepted Rs. 400, which was recovered during a police trap. However, key witnesses, including Sat Pal Kaur and Gurmej Singh, turned hostile during the trial, contradicting their earlier statements. The High Court upheld the conviction, but the Supreme Court found that the prosecution did not provide sufficient evidence to prove the demand and acceptance of bribe. The court emphasized that conviction cannot be based solely on inference and that the prosecution must establish a complete chain of evidence. The court ultimately acquitted the appellant, setting aside the High Court's judgment, and allowed the appeal, stating that the benefit of doubt should be given to the accused due to the hostile testimonies (Paras 1-18).
Headnote
A) Criminal Law - Corruption - Demand and Acceptance of Bribe - Necessity of Evidence - Prevention of Corruption Act, 1947, Section 5(2) - The court held that mere recovery of money without proof of demand and acceptance does not suffice for conviction. The prosecution failed to establish the essential elements of the offence as key witnesses turned hostile, leading to the acquittal of the accused (Paras 1-18).
Issue of Consideration
Whether the prosecution proved the demand and acceptance of illegal gratification by the accused.
Final Decision
The Supreme Court acquitted the appellant of charges under Section 161 of the IPC and Section 5(2) of the Prevention of Corruption Act, 1947, setting aside the High Court's judgment due to insufficient evidence and the turning of key witnesses hostile.
Law Points
- Prevention of Corruption Act
- 1947
- Section 5(2)
- Indian Penal Code
- Section 161
- burden of proof
- hostile witnesses
- demand and acceptance of bribe
