Case Note & Summary
The case involved Sajjan Singh, a public servant in the Irrigation Department, who was convicted under Section 5(2) of the Prevention of Corruption Act, 1947 for demanding illegal gratification from contractors. The prosecution alleged that Singh had withheld payments and created obstacles to compel contractors to pay him commissions. The trial court found that Singh's assets were disproportionate to his known sources of income, leading to a presumption of guilt under Section 5(3) of the Act. The Punjab High Court upheld the conviction, with a split opinion on whether assets acquired before the Act's enforcement could be considered. The Supreme Court ruled that such consideration did not retroactively apply the Act and affirmed the conviction, stating that the presumption under Section 5(3) was valid and applicable. The court concluded that Singh's total assets significantly exceeded his known income, establishing the presumption of guilt. The final decision maintained the conviction and sentence of rigorous imprisonment for one year and a fine of Rs. 5,000, with a default sentence of six months (Paras 1-2).
Headnote
A) Criminal Law - Presumption of Guilt - Validity of Presumption Under Section 5(3) - Prevention of Corruption Act, 1947, Section 5(3) - The court held that the presumption of guilt under Section 5(3) can be applied to pecuniary resources acquired before the Act came into force, as it does not give retrospective effect to the Act. The court emphasized that the presumption is a rule of evidence for proving criminal misconduct already under trial (Paras 1-2).
Issue of Consideration
Whether the presumption under Section 5(3) of the Prevention of Corruption Act can be applied to pecuniary resources acquired before the Act came into force.
Final Decision
The Supreme Court upheld the conviction and sentence of Sajjan Singh under Section 5(2) of the Prevention of Corruption Act, affirming the validity of the presumption under Section 5(3) regarding assets acquired before the Act came into force.
Law Points
- presumption of guilt
- criminal misconduct
- evidence
- disproportionate assets
- Prevention of Corruption Act
- 1947
