Case Note & Summary
The State of Gujarat appealed against the acquittal of Ashokbhai Rambhai Der, a police constable, from charges under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988. The case arose from an alleged demand of Rs. 500 bribe by the accused to release a motorcycle seized in a dispute. The complainant, Salimbhai Kalvatar, had taken possession of a Bajaj Discover motorcycle from Hemubhai as security for a loan. Bharatbhai, the registered owner, complained to the police, leading to the vehicle being seized. The complainant alleged that the accused demanded Rs. 500 to release the vehicle. A trap was laid, and the accused was caught with the bribe money. The trial court acquitted the accused, finding the prosecution witnesses unreliable and the demand not proved. The High Court, in appeal, held that the trial court's findings were not perverse and that the prosecution failed to prove demand and acceptance beyond reasonable doubt. The appeal was dismissed, and the acquittal was upheld.
Headnote
A) Criminal Law - Appeal against acquittal - Section 378 CrPC - Scope of interference - High Court's power in appeal against acquittal is limited; interference warranted only if findings are perverse or unreasonable - Held that the trial court's acquittal based on appreciation of evidence cannot be lightly disturbed unless manifestly erroneous (Paras 1-5). B) Prevention of Corruption Act - Demand and acceptance of bribe - Sections 7, 13(1)(d), 13(2) - Proof of demand and acceptance essential - Presumption under Section 20 arises only after foundational facts of demand and acceptance are established - Held that prosecution failed to prove demand and acceptance beyond reasonable doubt as trap witnesses were not reliable and no independent corroboration (Paras 6-15). C) Evidence Law - Trap witness - Credibility - Testimony of trap witnesses requires corroboration by independent evidence - Held that sole testimony of complainant and panch witness, being interested, cannot form basis of conviction without corroboration (Paras 10-12).
Issue of Consideration
Whether the prosecution proved beyond reasonable doubt that the accused demanded and accepted a bribe of Rs. 500 from the complainant to release the motorcycle.
Final Decision
Appeal dismissed; acquittal of the accused upheld.
Law Points
- Presumption under Section 20 of PC Act arises only after demand and acceptance are proved
- Standard of proof in appeal against acquittal
- Necessity of corroboration to trap witness testimony
