Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Corruption Act 1988 - ss. 7 and 13(1 )(d)(i)(ii) r/w s. 13(2) and 20 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Prevention of Corruption Act, 1988 - ss. 7 and 13(1)(d)(i)(ii) r/w s. 13(2) and 20 - Complainant had a fair price shop - He alleged that appellant, Mandal Revenue officer, demanded bribe from him for release of PDS items - Conviction of appellant u/ss. 7 and 13(1)(d)(i)(ii) r/w s.13(2) by the Courts below - Justification - Held: Not justified - PW- 2, the complainant, did not support the prosecution case insofar as demand of illegal gratification by appellant is concerned - Prosecution did not examine any other witness, present at the time when the money was allegedly handed over to appellant by the complainant, to prove that the same was pursuant to any demand made by the appellant - When the complainant himself had disowned what he had stated in the initial complaint, and there is no other evidence to prove that appellant had made any demand, the evidence of PW-1 (panch witness) and the contents of the initial complaint cannot be relied upon - Only other material available is recovery of tainted currency notes from possession of appellant - However, mere possession and recovery of currency notes from appellant without proof of demand will not bring home the offence u/s. 7 - Proof of acceptance of illegal gratification can follow only if there is proof of demand - As the same is lacking, primary facts on the basis of which legal presumption u/s.20 can be drawn against the appellant are wholly absent. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2014 INSC 220 |
Petitioner | B. Jayaraj |
Respondent | State Of A.p. |
SCR | [2014] 4 S.C.R. 554 |
Judgement Date | 2014-03-28 |
Case Number | 696 |
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