Supreme Court Acquits Man Accused Of Taking Rs 300 Bribe Twenty Years Ago

The Supreme Court on Thursday acquitted a man who was convicted under the Prevention of Corruption Act 1988 for accepting a bribe of Rupees 300 in the year 2003.

The convict, who was working as a cleaner, was accused to taking bribe for supplying a copy of the death certificate to the complainant. The Supreme Court allowed his appeal against the concurrent findings of the trial court and the Punjab and Haryana High Court.

A bench comprising Justices Abhay S Oka and Rajesh Bindal noted that the demand of illegal gratification was not proved in the case. As per the recent judgment delivered by the Constitution Bench in Neeraj Dutta vs State 2022 LiveLaw (SC) 1029 the demand and recovery both must be proved to sustain conviction under the Act.

In the instant case, the Trial Court had specifically observed that the demand was not proved. The High Court's judgment was based on the assumption that since money was recovered from the appellant, demand must have been there. The State had argued that the fact that the phenolphthalein coated currency notes with same serial numbers were recovered from the appellant in the presence of independent witnesses, inference can be drawn that there was demand.

However, the Supreme Court held that there was no proof of demand.

"If the evidence produced on record by the prosecution is examined in the light of the law laid down by the Constitution Bench in Neeraj Dutta v. State (Govt. of N.C.T. of Delhi) (supra), the conviction and sentence of the appellant cannot be legally sustained", the Court observed.

Case Title : Jagtar Singh vs State of Punjab

Citation : 2023 LiveLaw (SC) 232

Prevention of Corruption Act 1988- Demand and recovery both must be proved to sustain conviction under the Act- Conviction set aside as demand was not proved- Followed Constitution Bench judgment Neeraj Dutta vs State 2022 LiveLaw (SC) 1029

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