Case Note & Summary
The appellant, Tukaram Parshuram Mane, was convicted by the Special Judge, Gadhinglaj for offences under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 for allegedly demanding and accepting a bribe of Rs.500 from the complainant, Vishnu Suryawanshi, to facilitate release of pension amount under Sanjay Gandhi Niradhar Yojana. The prosecution case was that on 11th February 1999, the appellant accompanied the complainant and his mother to the Tahsildar office and demanded Rs.500 for identification. A trap was laid, and the appellant was caught accepting the bribe. The trial court convicted him. On appeal, the High Court examined the evidence and found that the prosecution failed to prove the demand of bribe. The complainant's testimony was inconsistent and uncorroborated by independent witnesses. The panch witness turned hostile, and the trap witness's evidence lacked credibility. The court held that the presumption under Section 20 of the Act could not be invoked without proof of demand and acceptance. Consequently, the appeal was allowed, the conviction was set aside, and the appellant was acquitted.
Headnote
A) Prevention of Corruption Act - Demand and Acceptance of Bribe - Sections 7, 13(2) - Burden of Proof - The prosecution must prove demand and acceptance of illegal gratification beyond reasonable doubt before presumption under Section 20 can be invoked - In the absence of credible evidence of demand, the conviction cannot be sustained (Paras 1-13). B) Prevention of Corruption Act - Trap Witness - Credibility - Section 7 - Testimony of trap witness requires corroboration in material particulars - Where the trap witness's evidence is inconsistent and uncorroborated, it cannot form the basis of conviction (Paras 8-12).
Issue of Consideration
Whether the conviction of the appellant under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 is sustainable in the absence of credible evidence of demand and acceptance of bribe.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Presumption under Section 20 of Prevention of Corruption Act
- 1988 arises only after demand and acceptance are proved
- Standard of proof in corruption cases
- Necessity of corroboration to trap witness testimony
