Case Note & Summary
The case involves two appeals by Sanjay Ishwarlal Varude (original accused No.1, a Police Constable) and Ishwar Bhimrao Bhamare (original accused No.2, a Manager at Yogesh Travels) against their conviction under the Prevention of Corruption Act, 1988. The prosecution alleged that accused No.1 demanded a bribe of Rs.300 from the complainant, PW-1 Narendra, who was plying a mini door rickshaw, and accused No.2 was involved in the transaction. The trial court convicted both accused. On appeal, the High Court re-appreciated the evidence and found that the prosecution case rested solely on the testimony of PW-1, who was an interested witness. The court noted that the panch witness (PW-2) turned hostile and did not support the prosecution, and the other witnesses provided no corroboration. The court held that in corruption cases, the testimony of the complainant, being an interested witness, requires independent corroboration, which was lacking. Consequently, the court set aside the conviction and acquitted both appellants.
Headnote
A) Criminal Law - Corruption - Appreciation of Evidence - Prevention of Corruption Act, 1988, Sections 7, 13(1)(d) read with 13(2) - Conviction based on sole testimony of complainant - Held that when the complainant is an interested witness, his testimony requires independent corroboration, and in its absence, conviction cannot be sustained (Paras 10-15). B) Criminal Procedure - Appeal against Conviction - Section 374 Cr.P.C. - Appellate court's power to re-appreciate evidence - Held that the appellate court can re-appreciate evidence and interfere with findings if they are perverse or based on no evidence (Paras 5-6).
Issue of Consideration
Whether the conviction of the appellants under the Prevention of Corruption Act, 1988 is sustainable based on the testimony of the sole interested witness without independent corroboration.
Final Decision
Appeals allowed. Conviction and sentence set aside. Appellants acquitted of all charges.
Law Points
- Appreciation of evidence in corruption cases
- Credibility of interested witnesses
- Necessity of independent corroboration
- Standard of proof in criminal appeals
