Case Note & Summary
The case pertains to an appeal against the conviction of Chandrabhan Sadavarti, the original appellant, under Section 7 and Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988. The appellant was the Chief Officer of the Municipal Council, Bhadravati. The complainant, Vyankatsubbarao Rauri, a contractor, alleged that the appellant demanded 5% of the tender amount for awarding a road construction contract. The complainant claimed that he paid Rs.10,000 to the President, Mr. Namojwar, as per the appellant's demand. The trial court convicted the appellant and sentenced him to one year rigorous imprisonment and a fine of Rs.8,000. During the pendency of the appeal, the original appellant died, and his wife, Smt. Alka Sadavarti, was substituted as the appellant to clear his name. The High Court examined the evidence and found that the prosecution failed to prove the demand and acceptance of the bribe beyond reasonable doubt. The complainant's testimony was inconsistent and lacked corroboration from independent witnesses. Additionally, the sanction for prosecution under Section 19 of the Act was not produced or proved. Consequently, the High Court allowed the appeal, set aside the conviction, and acquitted the appellant.
Headnote
A) Criminal Law - Corruption - Demand and Acceptance of Bribe - Sections 7, 13(1)(d), 13(2) Prevention of Corruption Act, 1988 - Appeal against conviction - Appellant, a Chief Officer, allegedly demanded 5% of tender amount as bribe - Complainant's evidence inconsistent and not corroborated - No independent witness to demand - Held that prosecution failed to prove demand and acceptance beyond reasonable doubt (Paras 1-10). B) Criminal Procedure - Sanction for Prosecution - Section 19 Prevention of Corruption Act, 1988 - Sanction order not produced or proved - No valid sanction for prosecution - Held that absence of sanction vitiates trial (Paras 1-10). C) Criminal Law - Appeal - Abatement - Death of appellant - Legal representative substituted to purge stigma - Appeal allowed on merits - Held that conviction set aside due to lack of evidence (Paras 2, 10).
Issue of Consideration
Whether the conviction of the appellant under Section 7 and Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 is sustainable in law.
Final Decision
Appeal allowed. Conviction set aside. Appellant acquitted of all charges. Fine, if paid, to be refunded.
Law Points
- Sanction for prosecution under Section 19 of Prevention of Corruption Act
- 1988 is mandatory
- Demand and acceptance of bribe must be proved beyond reasonable doubt
- Benefit of doubt to accused on death of appellant
