Case Note & Summary
The Deputy Superintendent of Police, Anti Corruption Bureau, Chandrapur filed an appeal against the acquittal of Vithoba Pidurkar, who was charged under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. The complainant, Vilas Tadas (PW1), gave an oral report on 14th May 1999 alleging demand of bribe by the respondent. The prosecution conducted a trap and claimed that the accused demanded and accepted bribe in the presence of panch witness (PW2). However, during trial, PW2 was declared hostile and did not support the prosecution. PW1 also did not fully support the case regarding the demand. The trial court acquitted the respondent, giving him the benefit of doubt. The High Court, hearing the appeal, noted that the prosecution's case rested heavily on the testimony of the trap witnesses, which were found unreliable. The court observed that the demand of bribe was not proved beyond reasonable doubt. The learned APP argued for the appellant, while the respondent's counsel supported the acquittal. The High Court held that the trial court's judgment was based on proper appreciation of evidence and there was no perversity. Consequently, the appeal was dismissed and the acquittal was upheld.
Headnote
A) Criminal Law - Corruption - Demand of Bribe - Sections 7, 13(1)(d), 13(2) Prevention of Corruption Act, 1988 - The appeal against acquittal was dismissed as the prosecution failed to prove the demand of bribe beyond reasonable doubt. The trap witness (PW2) was declared hostile and his testimony was unreliable. The complainant (PW1) did not support the prosecution case regarding demand. The court held that the acquittal was based on proper appreciation of evidence and no interference was warranted. (Paras 1-6)
Issue of Consideration
Whether the acquittal of the respondent for offences under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 was justified on the ground that the prosecution failed to prove the demand of bribe beyond reasonable doubt.
Final Decision
The appeal is dismissed. The acquittal of the respondent is upheld.
Law Points
- Acquittal upheld
- demand of bribe not proved
- trap witness unreliable
- no corroboration
- benefit of doubt
- Sections 7
- 13(1)(d)
- 13(2) Prevention of Corruption Act
- 1988
Case Details
2010 LawText (BOM) (06) 161
Criminal Appeal No.162 of 2008
Mr.S.S. Doifode, Addl. Public Prosecutor for the Appellant, Mr. M.P. Khajanchi, Adv., for the respondent
The Deputy Superintendent of Police, Anti Corruption Bureau, Chandrapur
Vithoba son of Ganpati Pidurkar
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Nature of Litigation
Appeal against acquittal in a corruption case
Remedy Sought
The appellant (State) sought reversal of the acquittal of the respondent for offences under the Prevention of Corruption Act, 1988.
Filing Reason
The respondent was acquitted by the trial court for lack of proof of demand of bribe.
Previous Decisions
The trial court acquitted the respondent of charges under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988.
Issues
Whether the acquittal of the respondent was justified on the ground that the prosecution failed to prove the demand of bribe beyond reasonable doubt.
Submissions/Arguments
Learned APP argued that the trial court erred in acquitting the respondent despite the trap being successful.
Learned counsel for the respondent supported the acquittal, submitting that the prosecution witnesses were unreliable and the demand was not proved.
Ratio Decidendi
The prosecution must prove the demand of bribe beyond reasonable doubt. When the trap witness is declared hostile and the complainant does not fully support the case, the benefit of doubt must go to the accused. The trial court's appreciation of evidence was proper and no interference is warranted.
Judgment Excerpts
This is an appeal against acquittal filed by the State.
The respondent was charged for offence punishable under Sections 7, 13 (1) (d) and 13 (2) of the Prevention of Corruption Act, 1988.
The complainant - PW 1 – Vilas Tadas gave an oral report on 14th May, 1999 regarding demand of bribe by the respondent.
Heard learned APP Mr. Doifode for the appellant and learned Adv. Mr. Mohit Khajanchi for the respondent.
The Deputy Superintendent of Police, Anti-Corruption Bureau, Chandrapur, completed all formalities prior to raid, and conducted the raid.
According to prosecution :- [a] The accused person demanded the amount of bribe from the complainant in presence of PW 2 – Panch Witness
Procedural History
The respondent was charged and tried for offences under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. The trial court acquitted the respondent. The State appealed against the acquittal to the High Court of Bombay, Nagpur Bench, which dismissed the appeal on 23rd June 2010.
Acts & Sections
- Prevention of Corruption Act, 1988: 7, 13(1)(d), 13(2)
