Case Note & Summary
The State of Maharashtra appealed against the acquittal of Gorakh Pandurang Jedhe, a clerk in the Irrigation Department, who was charged under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988. The case was based on a complaint by Suresh Pandit, who alleged that the accused demanded Rs.14,000 (later reduced to Rs.10,000) for granting permission to install a pan shop on government land. A trap was laid, and the accused was caught accepting the bribe. However, the trial court acquitted the accused, finding the prosecution evidence unreliable. The High Court, after hearing arguments and reviewing the evidence, held that the trap witness (panch) was not trustworthy and his testimony lacked corroboration. The court noted that the trial court's findings were not perverse or unreasonable, and the prosecution failed to prove the case beyond reasonable doubt. Consequently, the appeal was dismissed, and the acquittal was upheld.
Headnote
A) Prevention of Corruption Act - Demand and Acceptance of Bribe - Sections 7, 13(2) read with 13(1)(d) - Acquittal upheld - The prosecution failed to prove demand and acceptance of bribe beyond reasonable doubt as the trap witness (panch) was unreliable and his testimony was not corroborated by independent evidence - Held that the trial court's findings were not perverse and the appeal against acquittal was dismissed (Paras 1-7).
Issue of Consideration
Whether the acquittal of the respondent for offences under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 was justified given the evidence on record.
Final Decision
Appeal dismissed; acquittal of respondent upheld
Law Points
- Presumption under Section 20 of Prevention of Corruption Act
- 1988 arises only when acceptance of bribe is proved
- Standard of proof in criminal cases is beyond reasonable doubt
- Acquittal can be reversed only if findings are perverse or unreasonable
