Case Note & Summary
The case involved the prosecution of two officials from the Supply Department for allegedly demanding and accepting bribes under the Prevention of Corruption Act, 1988. The complaint was lodged by PW 5, who sought a license for selling food grains and oils. Following a demand for bribes during an inspection, PW 5 approached the Anti-Corruption Bureau (ACB), which set up a trap. The Trial Court convicted both accused based on the testimonies of official witnesses and the trap proceedings. However, the defense argued that the demand was not proven, citing inconsistencies in PW 5's statements and claiming that the money was thrust upon the accused. The Government Counsel contended that the trap was successful and the evidence supported the prosecution's case. Upon reviewing the evidence, the court noted significant inconsistencies in the complainant's account and the testimonies of independent witnesses, leading to doubts about the demand and acceptance of bribes. Ultimately, the court found that the prosecution did not meet the burden of proof required to sustain a conviction, resulting in the acquittal of the accused and the cancellation of their bail bonds.
Headnote
A) Criminal Law - Bribery - Demand and Acceptance - Section 7, 13 of the Prevention of Corruption Act, 1988 - The court found that the prosecution failed to establish the demand and acceptance of bribe beyond reasonable doubt, leading to the acquittal of the accused. The inconsistencies in the complainant's testimony and the lack of corroborative evidence from independent witnesses raised reasonable doubt regarding the allegations (Paras 16-17).
Issue of Consideration
Whether the prosecution established beyond reasonable doubt the demand and acceptance of bribe by the accused.
Final Decision
The court acquitted the accused, finding that the prosecution failed to establish the demand and acceptance of bribe beyond reasonable doubt, thus setting aside the conviction and sentence imposed by the Trial Court.
Law Points
- Bribery
- Demand and Acceptance
- Presumption under Prevention of Corruption Act
- 1988
- Reasonable Doubt
- Trap Proceedings
