NDLI: Rajesh Gupta Vs. State Through Central Bureau of Investigation

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Prevention of Corruption Act 1988:
Content Type	Text
Resource Type	Law Order
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Prevention of Corruption Act, 1988: s.7 – For an offence under s.7, the demand of illegal gratification is a sine qua non to prove the guilt – Mere recovery of currency notes cannot constitute an offence under s.7 unless it is proved beyond reasonable doubt that accused voluntarily accepted the money, knowing it to be a bribe – The proof of acceptance of illegal gratification can follow only if there is proof of demand – In the instant case there are no sufficient evidence available which points towards such demand except of the evidence of the complainant whose sole testimony cannot be relied upon without having corroboration with the independent witness as she being interested witness. Prevention of Corruption Act, 1988: s.20 – Presumption – When Applicable – The presumption under s.20 can be drawn only when the demand is proved and the money is voluntarily accepted, knowing the fact that the said money has been delivered by way of bribe – In absence of proof of demand for illegal gratification and mere possession or recovery of the currency notes is not sufficient to constitute such offence – Presumption under s.20 can be drawn only after demand and acceptance of illegal gratification is proved beyond reasonable doubt – In absence of proving the recovery from the person or the drawer of the table or acceptance of the currency notes by accused with relevant material on record in furtherance to the proved demand, the guilt cannot be proved – In the case at hand, the currency notes were found on the table underneath dak pad towards the visitors side – It is merely alleged that the said currency notes were wrapped in a note-sheet on which the traces of the finger prints of the appellant were found, which is treated as acceptance by the appellant – Merely the note sheet, in which the money was wrapped, on dipping in the Sodium Carbonate solution turned pink, traces of which were found in CFSL report, is not sufficient to prove the guilt of the appellant, in particular, when the currency notes laced with phenolphthalein powder were found towards the visitors side on the table and not recovered from the person or drawer of his table and the solution in which the hands of appellant were dipped, did not turn pink – In the facts and circumstances of the case, the evidence so brought is not cogent and sufficient to prove the acceptance of bribe by the accused/ appellant – The findings as recorded by the trial court and the High Court, drawing presumption under s.20 are completely perverse in law as there is no evidence to prove the demand and the acceptance and therefore the theory of preponderance of probabilities, is not sustainable. Evidence Act, 1872: Tape recorded statement – Evidentiary value of – Discussed.
Judge	N/A
Neutral Citation	2022 INSC 359
Petitioner	Rajesh Gupta
Respondent	State Through Central Bureau Of Investigation
SCR	[2022] 2 S.C.R. 864
Judgement Date	2022-03-29
Case Number	1769

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Rajesh Gupta Vs. State Through Central Bureau of Investigation

Please Log-in to view this content

State Through Central Bureau of Investigation Vs. Parmeshwaran Subramani and Anr.

State Through Central Bureau of Investigation Vs. Dr. Anup Kumar Srivastava

M.c. Gupta Vs. Central Bureau of Investigation, Dehradun

Naveen Kaushik Vs. Central Bureau of Investigation

Dashrath Singh Chauhan Vs. Central Bureau of Investigation

Central Bureau of Investigation Etc. Vs. V.k. Sehgal and Anr.

State By Central Bureau of Investigation Vs. Sh. S. Bangarappa

Central Bureau of Investigation Vs. Subodh Kumar Dutta and Anr.

Asian Resurfacing of Road Agency P. Ltd. and Anr. Vs. Central Bureau of Investigation

Rajesh Gupta Vs. State Through Central Bureau of Investigation

Rajesh Gupta Vs. State Through Central Bureau of Investigation

Please Log-in to view this content

Similar Documents

State Through Central Bureau of Investigation Vs. Parmeshwaran Subramani and Anr.

State Through Central Bureau of Investigation Vs. Dr. Anup Kumar Srivastava

M.c. Gupta Vs. Central Bureau of Investigation, Dehradun

Naveen Kaushik Vs. Central Bureau of Investigation

Dashrath Singh Chauhan Vs. Central Bureau of Investigation

Central Bureau of Investigation Etc. Vs. V.k. Sehgal and Anr.

State By Central Bureau of Investigation Vs. Sh. S. Bangarappa

Central Bureau of Investigation Vs. Subodh Kumar Dutta and Anr.

Asian Resurfacing of Road Agency P. Ltd. and Anr. Vs. Central Bureau of Investigation

Rajesh Gupta Vs. State Through Central Bureau of Investigation