Case Note & Summary
The case involved an appeal by the State of Maharashtra against the acquittal of Dnyaneshwar Laxman Rao Wankhede, a Head Constable, who was initially convicted under the Prevention of Corruption Act, 1988. The respondent was accused of demanding bribes from the complainant, Madhukar Dhote, in connection with a complaint involving cattle grazing. The complainant alleged that the respondent demanded Rs. 2,000 for bail and later Rs. 1,500, of which Rs. 300 was paid. After the complainant lodged a report with the Anti Corruption Bureau, a raid was conducted, but the evidence was deemed insufficient. The Special Judge convicted the respondent, but the High Court reversed this decision, finding that the prosecution failed to prove the demand and payment of bribes. The State appealed, arguing that the High Court erred in its assessment of the evidence and the burden of proof. The respondent contended that the sole surviving panch witness was declared hostile, undermining the prosecution's case. The Supreme Court emphasized the principle that in cases of acquittal, if two views are possible, the acquittal should not be disturbed. The court found that the prosecution did not establish the necessary foundational facts, and thus, the appeal was dismissed.
Headnote
A) Criminal Law - Corruption - Demand of Bribe - Section 7 of the Prevention of Corruption Act, 1988 - The court held that the prosecution failed to prove the demand, acceptance, and recovery of illegal gratification, leading to the acquittal of the respondent. The High Court's finding that the prosecution did not establish the foundational facts was upheld (Paras 15-22).
Issue of Consideration
Whether the High Court erred in acquitting the respondent under the Prevention of Corruption Act, 1988.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's acquittal of the respondent. The court found that the prosecution did not establish the necessary elements of the offence under the Prevention of Corruption Act, 1988.
Law Points
- Burden of proof
- Demand of illegal gratification
- Acquittal principles
- Section 20 of the Prevention of Corruption Act
- 1988
