Case Note & Summary
The State of Maharashtra appealed against the acquittal of Annasaheb Mahadev Bhandare (the accused) by the Special Judge, Kolhapur, in a corruption case under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988. The prosecution alleged that the accused, a public servant, demanded and accepted a bribe of Rs. 500 from the complainant Gopinath Sankpal to provide copies of police papers in a criminal case where the complainant was an accused. The trial court acquitted the accused, finding the evidence of demand unreliable. On appeal, the High Court examined the evidence, including the testimony of the complainant and the panch witness. The court noted that the complainant's version of the demand was inconsistent and unsupported by corroborative evidence. The panch witness did not hear the alleged demand. The court held that the prosecution failed to prove the demand of bribe beyond reasonable doubt, which is a prerequisite for invoking the presumption under Section 20 of the Act. The High Court found no perversity in the trial court's findings and dismissed the appeal, upholding the acquittal.
Headnote
A) Prevention of Corruption Act - Demand of Bribe - Sections 7, 13(2) read with 13(1)(d) - Proof of Demand - The prosecution must prove the demand of illegal gratification beyond reasonable doubt before the presumption under Section 20 can be invoked. In the absence of credible evidence of demand, the accused is entitled to acquittal. (Paras 1-12) B) Criminal Law - Acquittal Appeal - Interference by High Court - The High Court will not interfere with an order of acquittal unless the findings are perverse or based on no evidence. The trial court's appreciation of evidence was plausible and not unreasonable. (Paras 1-12)
Issue of Consideration
Whether the prosecution proved beyond reasonable doubt that the accused demanded and accepted a bribe of Rs. 500 from the complainant for providing copies of police papers.
Final Decision
The High Court dismissed the appeal and upheld the acquittal of the accused.
Law Points
- Demand of bribe must be proved beyond reasonable doubt
- Presumption under Section 20 of PC Act arises only after demand is proved
- Acquittal in corruption case upheld due to lack of credible evidence on demand
