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New Delhi, Oct 29 (IANS) The Supreme Court has reiterated that mere recovery of tainted currency notes cannot justify a conviction under the Prevention of Corruption Act (PC Act), adding that demand and acceptance of illegal gratification must be proved beyond reasonable doubt before the presumption of offense can arise.
A bench of Justices Prashant Kumar Mishra and Joymalya Bagchi restored the acquittal of former Assistant Labor Commissioner, P. Somraju, who was convicted by the Andhra Pradesh High Court in a 1997 bribery case, noting that the High Court had “failed to engage with the detailed reasoning of the trial court” and had substituted its own findings “without addressing the evidentiary gaps”.
“The statutory presumption under Section 20 of the PC Act is not automatic and arises only after the fundamental facts of demand and acceptance are proved,” the top court said, adding that suspicion, no matter how strong, cannot take the place of proof.
It reiterated: “For an offense under Section 7 of the PC Act, demand of illegal gratification is a sine qua non to prove the offence. Mere recovery of currency notes cannot constitute an offense under Section 7 unless it is proved beyond reasonable doubt that the accused voluntarily accepted the money, knowing it to be a bribe. Proof of acceptance of illegal gratification can be proved only if there is proof of demand.”
In its detailed judgment, a bench headed by Justice Mishra found several inconsistencies in the prosecution’s case, saying: “What we find particularly disturbing is the conduct of the complainant in directing the arbitrator and the independent witness Rajendra who accompanied him to remain out of the office of the appellant during the crucial half-hour of the alleged demand and acceptance.”
Furthermore, the phenolphthalein hand-wash test on the accused returned negative results, and the defense presented two independent witnesses who testified that the complainant was seen alone in the officer’s chamber when the alleged bribe money was kept in a drawer.
The top court concluded, “These circumstances strike at the crux of the prosecution’s version and raise serious doubts as to whether the demand and acceptance were proved beyond reasonable doubt.”
Finding the trial court’s acquittal verdict “reasonable and firmly based on the evidence on record”, the Supreme Court quashed the 2011 conviction order of the Andhra Pradesh High Court and restored the acquittal verdict recorded by the special judge in 2003.
Directing the discharge of the bail bonds of the appellant, it said: “The appeal is allowed. The judgment and order dated 08.07.2011 passed by the High Court of Andhra Pradesh at Hyderabad is set aside, and the order of acquittal passed by the Court of Principal Special Judge for SPE and ACB cases, Hyderabad, is restored.”
–IANS
PDS/VD