1. Police officer charged under Section 161 IPC and Section 5(1)(d) of the Prevention of Corruption Act for alleged demand and acceptance of illegal gratification. (Para 1 )
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2000 Supreme(SC) 879
2000(7) Supreme 198
SUPREME COURT OF INDIA
G.B. Pattanaik & S.N. Variava, JJ.
State of Madhya Pradesh -Appellant
versus
J.B. Singh -Respondent
Criminal Appeal No. 293 of 1996
Decided on 27-4-2000
Important Points
Conviction under Section 5(1)(d) of the Prevention of Corruption Act and Section 161 IPC requires the prosecution to establish both the demand for and payment of a bribe beyond reasonable doubt. Hearsay evidence regarding a demand is insufficient if the complainant turns hostile and payment remains unproven.
Subject
Criminal Law - Corruption
Act Referred
Headnote
Prevention of Corruption Act-Section 5(1)(d)-Indian Penal Code, 1860-Section 161-Charge of demanding and accepting bribe-Complainant turning hostile-Trial Court convicting accused-High Court, however, setting aside conviction and acquitting accused-No material to establish payment of alleged amount pursuant to alleged demand-Alleged demand was also not proved-All necessary ingredients of Section 5(4)(d) not established-Acquittal order of High Court warranted no interference. (Para 4)
Legal Category Hierarchy
Table of Contents
2. Whether the demand for illegal gratification could be established through the testimony of a witness other than the complainant who turned hostile. (Para 3 )
3. Testimony of a third party stating that another officer mentioned payment for release does not establish a direct demand by the accused from the complainant. (Para 4 )
4. Conviction under Section 5(1)(d) of the Prevention of Corruption Act and Section 161 IPC requires established proof of both demand and payment. (Para 4 )
5. Appeal dismissed and order of acquittal upheld. (Para 5 )
6. What is required to establish an offence under Section 5(1)(d) of the Prevention of Corruption Act and Section 161 IPC?
The prosecution must establish both the demand for illegal gratification and the subsequent payment pursuant to that demand beyond reasonable doubt. (Para 4 )
7. Does a witness's statement that another officer mentioned a payment for release constitute proof of a demand by the accused?
No, such a statement is insufficient to establish that the accused specifically made a demand for money from the complainant. (Para 4 )
8. What is the effect of the primary complainant turning hostile in a corruption case regarding the proof of payment?
If the complainant does not support the prosecution case and there is no other material to establish the payment, the charge of accepting illegal gratification cannot be sustained. (Para 4 )
ORDER
This appeal by the State of Madhya Pradesh is directed against an order of acquittal recorded by the High Court. The Respondent was charged under Section 161 IPC and Section 5(1)(d) of the Prevention of Corruption Act on the allegation that he made a demand for a sum of Rs. 270/- from one Mithailal and pursuant to the said demand, the money was paid which also was recovered from the rest room at the Police Station. The accused happens to be a Police Officer. The Special Judge convicted the accused Respondent of the charge under Section 5(1)(d) of the Prevention of Corruption Act. But on appeal, the High Court has set aside the conviction and recorded an order of acquittal.
2. On examining the materials on record, the High Court came to the conclusion that the prosecution has failed to establish either the demand made by the accused or even the payment by the complainant and, therefore, the offence cannot be said to have been established beyond reasonable doubt. Mithailal, the complainant who was examined as PW-9 did not support the prosecution case during trial and, therefore, he was permitted to be cross-examined by the prosecution Counsel.
3. Mr. Shukla, learned senior Counsel appearing for the State, contended that notwithstanding the fact that the complainant himself turned hostile and did not support the prosecution case but the fact of demand could be established by the evidence of Badri Prasad (PW-1). Mr. Badri Prasad appears to be a person who was known to Mithailal and according to his evidence he went to the Police Station on being requested by father of Mithailal to find out as to how Mithailal was being detained at the Police Station.
4. We have been taken through the evidence of said Badri Prasad (PW-1) and his evidence, by no stretch of imagination can be held to have established the fact that the accused made any demand from Mithailal. The only statement made by Badri Prasad is that the Sub-Inspector had told him that the accused should pay some money for being released. This statement cannot be held to be a statement to establish that the accused made the demand to Mithailal. So far as the payment is concerned, once Mithailal himself did not support the prosecution case, there is no material also to establish the alleged payment said to have been made by Mithailal to the accused pursuant to the alleged demand. Therefore, all the necessary ingredients of the offence under Section 5(1)(d) of the Prevention of Corruption Act as well as under Section 161 IPC not having been established, the order of acquittal is wholly justified and cannot be interfered with.
5. The appeal accordingly fails and is dismissed. The bail bonds of the Respondent stand discharged.
(C.R.) Appeal dismissed.
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Parallel Citations of other Journals :
State of M.P. v. J.B. Singh, 2000(7) Supreme 198 : 2000 (7) JT 539 : 2000 (3) All. Crl . L.R. 377 : 2000 (4) Cur.Crl.R. 142 : 2000 (4) Crimes 152 : 2000 Crl. L.J. 4591
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