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S. M. MODAK
State of Maharashtra – Appellant
Versus
Shashikant Dnyanu Jadhav – Respondent
JUDGMENT :
S. M. Modak, J.
1. Constitutional bench of Hon’ble Supreme Court in case of Neeraj Dutta v/s. State (Govt. of N.C.T. of Delhi), 2023 SCC OnLine SC 280 held “in a case under the provisions of the Prevention of Corruption Act the Court can base its conviction on circumstantial evidence, even though direct evidence is not available”. So to say, if for any reason, the de-facto Complainant is not available for giving evidence, Court can certainly look for circumstantial evidence. It may be in the form of evidence of trap witness or any other witness. The de-facto Complainant may be dead or not available or has not supported the prosecution case. The reference was made to larger bench in view of divergence of opinion amongst various benches of the Hon’ble Supreme Court. After taking conspectus of the decision, certain principles were laid down. Following are relevant for our consideration:-
(b) First demand has to be proved and then subsequent acceptance has to be proved.
(c)
The court established that both demand and acceptance of bribes must be proven for a conviction under the Prevention of Corruption Act, emphasizing the need for reliable evidence.
Evidence of demand and acceptance is crucial for conviction in corruption cases; mere recovery of money is insufficient without proof of illegal gratification.
Proof of demand and acceptance of illegal gratification is essential for conviction under the Prevention of Corruption Act; failure to prove these elements results in acquittal.
[The necessity of proving the demand for bribe as a fundamental requirement for conviction under the Prevention of Corruption Act, and the importance of independent witness testimony in establishing ....
The lack of proof of demand for illegal gratification is a crucial factor in determining the conviction under Sec. 7 and Sec. 13(1)(d) r/w Sec. 13(2) of the PC Act.
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