Case Note & Summary
The appellant, Haridas Jamunah, a Police Head Constable, was convicted by the Special Court, Washim for demanding and accepting a bribe of Rs.1000 for releasing a detained vehicle. The prosecution alleged that on 13/5/1995, the appellant demanded Rs.1000 from Rajkumar Sachwani and P.W.2 Sanjay Chakre for release of the vehicle, and on 16/5/1995, Sanjay Chakre reported this to P.S.O. Deshpande, who denied any such direction. A trap was laid, and the appellant was caught accepting the bribe. The High Court found that the evidence of the complainant (P.W.2) and the panch witness (P.W.3) was unreliable and contradictory. The complainant admitted to having a prior dispute with the appellant, and the panch witness did not support the prosecution case. The court held that the prosecution failed to prove the demand and acceptance of bribe beyond reasonable doubt, and mere recovery of tainted money was insufficient. The appeal was allowed, and the appellant was acquitted.
Headnote
A) Criminal Law - Corruption - Demand and Acceptance of Bribe - Sections 7, 13(1)(d) read with 13(2) Prevention of Corruption Act, 1988 - Conviction set aside as prosecution failed to prove demand and acceptance beyond reasonable doubt - Evidence of complainant and panch witness found unreliable and contradictory - Held that mere recovery of tainted money without proof of demand and acceptance is not sufficient to sustain conviction (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Sections 7, 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted of all charges.
Law Points
- Demand and acceptance of bribe must be proved beyond reasonable doubt
- Evidence of complainant and independent witnesses must be reliable and corroborated
- Mere recovery of tainted money is insufficient to convict under Prevention of Corruption Act
