NDLI: P. Sarangapani (dead) Thr. Lr Paka Saroja Vs. State of Andhra Pradesh

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 Judgement
Jurisdiction	India
Act(s) Referred	Prevention of Corruption Act, 1988 (49 of 1988)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Issue for consideration: Whether the High Court was justifi ed in confi rming the conviction of appellant-accused no.1 u/s. 7 and s.13(1)(d)r/w 13(2) of the Prevention of Corruption Act, 1988.Prevention of Corruption Act, 1988 – Allegation that appellant-accused no.1 had demanded and accepted a sum of Rs.1500/- as gratification other then legal remuneration from the defacto-complainant – Trial Court convicted the appellant-accused no.1 for the off ences u/s. 7 and s.13(1)(d)r/w 13(2) of the 1988 Act – High Court confi rmed the conviction – Propriety:Held: In the instant case the pre-trap and post-trap proceedings were duly proved by the prosecution by examining the concerned witnesses, who had duly supported the case of prosecution – Both the courts below have recorded the fi ndings that the prosecution had proved beyond reasonable doubt the conscious acceptance of the tainted currency by the accused and also the recovery of tainted currency from the appellant – Therefore, the burden had shifted on the appellant to dispel the statutory presumption u/s. 20 of the said Act, and prove that it was not accepted as a motive or reward for the performance of his public duty, which the appellant had failed to dispel – The explanation off ered by the appellant did not tally with the statement of the complainant recorded u/s. 164 of Cr.PC. – The High Court had also recorded that the defence taken by the appellant that the acceptance of tainted currency by him was towards the Audit fees of the Society was not proved by him in as much as there was nothing on record to show that the amount paid by the complainant to the appellant was out of the funds of the Society – Both the courts have appreciated the evidence on record threadbare in the right perspective and have found the appellant guilty for the off ence u/s. 7 and s.13(1)(d) r/w 13(2) of the PC Act – No need to interfere with the well considered fi ndings recorded by both the courts below. [Paras 12 and 13]Prevention of Corruption Act, 1988 – Death of the complainant or non-availability of the complainant at the time of trial – Consequences:Held: It is well settled proposition of law that the death of the complainant or non-availability of the complainant at the time of trial could not be said to be fatal to the case of prosecution, nor could it be said to be a ground to acquit the accused – It is always open for the prosecution to prove the contents of the complaint and other facts in issue by leading other oral or documentary evidence, in case of death of or non-availability of the complainant. [Para 9]Prevention of Corruption Act, 1988 – Raising of presumption u/s. 20:Held: Once the undue advantage i.e., any gratifi cation whatever, other than the legal remuneration is proved to have been accepted by the accused, the Court is entitled to raise the presumption u/s. 20 that he accepted the undue advantage as a motive or reward u/s. 7 for performing or to cause performance of a public duty improperly or dishonestly – No doubt, such presumption is rebuttable. [Para 11]
Judge	Hon'ble Ms. Justice Bela M. Trivedi
Neutral Citation	2023 INSC 844
Petitioner	P. Sarangapani (dead) Thr. Lr Paka Saroja
Respondent	State Of Andhra Pradesh
SCR	[2023] 12 S.C.R. 433
Judgement Date	2023-09-21
Case Number	2173

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