Case Note & Summary
The case involved an appeal by the State of Andhra Pradesh against the acquittal of M. Radha Krishna Murthy, a public servant convicted under the Prevention of Corruption Act, 1988. The respondent, an Excise Inspector, was accused of demanding a bribe of Rs.5,000 from a complainant, which was later negotiated down to Rs.4,000. The complainant paid Rs.2,000 as part payment, but upon refusal to pay the remaining amount, he reported the matter to the Anti-Corruption Bureau. The accused was caught red-handed while accepting the balance amount. The trial court convicted the accused based on the evidence presented, but the High Court overturned this decision, stating that the prosecution failed to prove the demand and acceptance of the bribe. The Supreme Court found that the High Court's reliance on precedent was misplaced and that the evidence of the trap and recovery was sufficient to uphold the conviction. The Supreme Court restored the trial court's judgment, emphasizing that each case must be evaluated on its own facts and that the High Court's reasoning was flawed. The appeal was allowed, and the conviction was reinstated.
Headnote
A) Criminal Law - Corruption - Demand and Acceptance of Bribe - Prevention of Corruption Act, 1988, Sections 7, 13(2), 13(1)(d) - The High Court acquitted the accused on the grounds that part of the prosecution's case regarding demand and acceptance of bribe was not proved, leading to the conclusion that the entire case could not stand. However, the Supreme Court held that the High Court misapplied precedent and that the evidence of the trap and recovery of money was sufficient to uphold the conviction (Paras 1-10).
Issue of Consideration
Whether the High Court erred in acquitting the respondent despite evidence of demand and acceptance of bribe.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's acquittal, and restored the trial court's conviction of the respondent under the Prevention of Corruption Act, 1988.
Law Points
- Corruption
- Demand and Acceptance of Bribe
- Prosecution Burden
- Precedent Application
