Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | trap party illegal gratification |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | PREVENTION OF CORRUPTION ACT, 1988:ss. 7 and 13(1)(d) read with s.13(2) - Conviction by trialC court, set aside by High Court - Held: Demand of illegalgratification is sine qua non for constituting an offence underthe Act - Mere recovery of tainted money is not sufficient toconvict the accused, unless there is evidence to provepayment of bribe or that the money was taken voluntarily as a bribe - High Court accepted the defence version made u/s313Cr.PC that possibility of Phenolphthalein powderappearing on the hands of-accused when he shook hands withthe complainant, cannot be .ruled out -Executive Magistrate,who had been associated with the trap party, deposed only about recovery and not about accepting the bribe money -This statement alone made it evident that the prosecution hasnot disclosed the genesis of the case correctly - There is,therefore, no cogent reason to interfere with the conclusionreached by High Court - Appeal against acquittal.s. 20 - Statutory presumption - Rebuttal of - Discussed.EVIDENCE:Evidence of complainant in a bribe case - Nature of -Discussed.PREVENTION OF CORRUPTION ACT, 1988:ss. 7 and 13(1)(d) read with s.13(2) - Conviction by trialcourt, set aside by High Court - Held: Demand of illegalgratification is sine qua non for constituting an offence underthe Act - Mere recovery of tainted money is not sufficient toconvict the accused, unless there is evidence to provepayment of bribe or that the money was taken voluntarily as a bribe - High Court accepted the defence version made u/s313 Cr.PC that possibility of Phenolphthalein powderappearing on the hands of-accused when he shook hands withthe complainant, cannot be .ruled out -Executive Magistrate,who had been associated with the trap party, deposed onlyabout recovery and not about accepting the bribe money -This statement alone made it evident that the prosecution hasnot disclosed the genesis of the case correctly - There is,therefore, no cogent reason to interfere with the conclusionreached by High Court - Appeal against acquittal.s. 20 - Statutory presumption - Rebuttal of - Discussed.EVIDENCE:Evidence of complainant in a bribe case - Nature of -Discussed. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2013 INSC 530 |
Petitioner | State Of Punjab |
Respondent | Madan Mohan Lal Verma |
SCR | [2013] 7 S.C.R. 1130 |
Judgement Date | 2013-08-12 |
Case Number | 2052 |
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