Case Note & Summary
The State of Maharashtra appealed against the judgment of the Special Judge, Sangli in Special Case No.1 of 1987, which acquitted the respondent-accused, Shivaji Anandrao Shinde, of offences under Section 161 of the Indian Penal Code and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947. The accused was a Professional Tax Inspector. The complainant, Ashok Khadilkar, had not paid professional tax for the year 1985-86. The accused informed the complainant that he was liable to pay a penalty of Rs. 10,000/- and issued a challan. Later, the accused allegedly told the complainant that he could pay a penalty of Rs. 45/- instead. The complainant lodged a complaint, and a trap was laid. The trial court acquitted the accused, finding the prosecution evidence unreliable. The High Court, in appeal, examined the evidence and found that the trap witness was an interested witness and his testimony was not corroborated by independent evidence. The court held that the prosecution failed to prove the demand and acceptance of the bribe beyond reasonable doubt. Consequently, the appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Corruption - Demand and Acceptance of Bribe - Section 161 Indian Penal Code, 1860 and Section 5(1)(d) read with Section 5(2) Prevention of Corruption Act, 1947 - Appeal against acquittal - Prosecution failed to prove demand and acceptance of bribe beyond reasonable doubt - Trap witness was interested and unreliable - No independent corroboration of demand or acceptance - Held that acquittal was proper and no interference warranted (Paras 1-5).
Issue of Consideration
Whether the prosecution proved beyond reasonable doubt that the accused demanded and accepted a bribe of Rs. 45/- from the complainant.
Final Decision
Appeal dismissed. Acquittal of the accused upheld.
Law Points
- Acquittal upheld
- demand and acceptance of bribe not proved
- trap witness unreliable
- no corroboration
- benefit of doubt
Case Details
2005 LawText (BOM) (02) 223
Criminal Appeal No.115 of 1992
Mr. A.S. Shitole for the State. None for the respondent.
Shri Shivaji Anandrao Shinde
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Nature of Litigation
Criminal appeal against acquittal in a corruption case
Remedy Sought
State sought conviction of the accused for offences under Section 161 IPC and Section 5(1)(d) read with Section 5(2) of Prevention of Corruption Act, 1947
Filing Reason
State appealed against the judgment of the Special Judge, Sangli acquitting the accused of corruption charges
Previous Decisions
Trial Court acquitted the accused of offences under Section 161 IPC and Section 5(1)(d) read with Section 5(2) of Prevention of Corruption Act, 1947
Issues
Whether the prosecution proved beyond reasonable doubt that the accused demanded and accepted a bribe of Rs. 45/- from the complainant.
Submissions/Arguments
State argued that the trial court erred in acquitting the accused despite sufficient evidence.
Respondent did not appear.
Ratio Decidendi
The prosecution failed to prove the demand and acceptance of bribe beyond reasonable doubt. The trap witness was an interested witness and his testimony lacked independent corroboration. Therefore, the acquittal was proper and no interference was warranted.
Judgment Excerpts
The State has filed this appeal against the judgment and order passed by the Special Judge, Sangli in Special Case No.1 of 1987.
The prosecution case in brief is that the accused was working as Professional Tax Inspector.
The trial Court was pleased to acquit the accused of the offence punishable under section 161 of the Indian Penal Code and section 5(1)((d) read with section 5(2) of the Prevention of Corruption Act, 1947.
Procedural History
The Special Judge, Sangli in Special Case No.1 of 1987 acquitted the accused. The State appealed to the High Court of Bombay. The High Court heard the appeal and dismissed it, upholding the acquittal.
Acts & Sections
- Indian Penal Code, 1860: 161
- Prevention of Corruption Act, 1947: 5(1)(d), 5(2)
