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2025 Supreme(Raj) 2572

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Anand Sharma, J
Kailash Chand Saini Son of Shri Shiv Shankar Verma - Appellant
Versus
State of Rajasthan, through Public Prosecutor - Respondent
S. B. Criminal Appeal No. 1498 of 2023
Decided On : 19-12-2025

Advocates Appeared:
For the Appellant : Mr. Madhav Mitra, Sr. Adv. assisted by Mr. Kapil Meena, Adv., Ms. Jaya Mitra,, Adv., Mr. Sharukh Khan, Adv. &, Mr. Akshat Jain, Adv., Mr. Girraj P. Sharma, Adv. with, Ms. Sneha Gulati, Adv. &, Ms. Shruti Chandgothia, Adv., Mr. Rajeev Kumar Sogarwal, Adv. with, Mr. Sahil Hussain, Adv.
For the Respondent: Mr. Manvendra Singh Shekhawat, PP

Requirement to prove demand and acceptance of illegal gratification under the Prevention of Corruption Act is critical for conviction; mere recovery of money is insufficient.

Headnote:(A) Prevention of Corruption Act, 1988 - Sections 7, 13(1)(d) read with Section 13(2) - Indian Penal Code - Section 120-B - Conviction of public servants - Appellants convicted for demanding and accepting bribe in connection with a case under the Railways Act - Prosecution failed to prove elements of demand, acceptance, and work pending - Evidence revealed that prosecution witnesses contradicted their statements and lacked credibility, leading to a reasonable doubt about the guilt of the accused. (Paras 25, 44, 79)

(B) It is mandatory for the prosecution to establish proof of demand and acceptance beyond reasonable doubt, with the absence of clear evidence leading to acquittal.

Result: Appeals allowed - Conviction quashed. Fact of the case: Appellants allegedly demanded bribe for facilitating remission of charges against the complainant. No credible evidence linking them to the demand was presented, with significant inconsistencies in witness statements undermining the prosecution's case. (Paras 3, 46)

Findings of Court:
The court found no substantive proof of the elements required for conviction, including demand or acceptance of bribe, leading to a conclusion of innocence for the accused. (Paras 68, 84)

Judgement Key Points

Based on the provided legal document, the following key points are relevant:

  1. The prosecution's case hinges on allegations that the appellants demanded and accepted a bribe of Rs. 5,000 for deleting the name of the complainant from a criminal case. However, the evidence presented by the prosecution is inconsistent and lacks independent corroboration, particularly regarding the demand and acceptance of the bribe (!) (!) (!) .

  2. Critical ingredients for establishing an offence under the Prevention of Corruption Act include proof of demand of bribe, acceptance or recovery of the bribe, and the pending work or official act related to the bribe. The evidence fails to conclusively prove the demand or acceptance of the bribe by the appellants (!) (!) .

  3. The transcription of voice recordings and other documentary evidence do not demonstrate any explicit or unambiguous demand for bribe money by the appellants. The conversations suggest that the complainant voluntarily offered money, which does not constitute a demand under the law (!) (!) (!) .

  4. The recovery of bribe money from the floor, rather than from the possession of the accused, along with negative chemical test results, undermines the prosecution's claim of acceptance of bribe (!) (!) .

  5. The evidence indicates that the appellants were not in a position to influence the pending case or to extend any undue benefit, as the investigation and charge sheet had already been completed and sent for approval before the alleged trap proceedings (!) (!) .

  6. The absence of independent witnesses, the presence of interested witnesses, and contradictions in the testimonies further weaken the prosecution's case, especially regarding demand and acceptance (!) (!) (!) .

  7. The prosecution failed to establish the foundational facts necessary for invoking statutory presumptions under the relevant law, particularly the demand and acceptance of illegal gratification, which are essential to prove guilt beyond reasonable doubt (!) (!) (!) .

  8. The evidence does not support a conclusion of conspiracy among the appellants, and the charge under the conspiracy law (Section 120-B IPC) is not substantiated (!) (!) .

  9. Given the inconsistencies, contradictions, and lack of credible evidence, the conviction of the appellants under the relevant sections is not sustainable. The judgment of the trial court is therefore liable to be set aside, and the appellants should be acquitted of all charges (!) (!) .

  10. The legal standards require clear, explicit proof of demand and acceptance of bribe, which are absent in this case. Mere recovery of money or the presence of suspicious circumstances without proof of demand cannot establish guilt (!) (!) (!) (!) .

  11. The procedural aspects, such as the grant of prosecution sanctions, were found to be mechanically done without proper verification of evidence, further casting doubt on the validity of the conviction (!) (!) (!) .

  12. Overall, the evidence does not satisfy the stringent legal requirements for conviction under the Prevention of Corruption Act, and the benefits of doubt must be given to the accused. The appeal should therefore be allowed, and the conviction and sentence should be quashed (!) .

These points collectively highlight that the prosecution has failed to prove the essential elements of demand, acceptance, and the related official misconduct beyond reasonable doubt, leading to the conclusion that the appellants are entitled to acquittal.


Table of Content
1. the basis of the criminal appeal stems from allegations of bribery against public servants. (Para 2 , 3)
2. details of the events leading to the bribery allegations highlighting roles of the accused. (Para 4 , 5 , 10)
3. arguments against the validity of the trial court's conviction. (Para 11 , 12 , 19)
4. prosecution's failures in proving key elements of the bribery case. (Para 18 , 22 , 23)
5. final judgment of acquittal based on lack of evidence supporting convictions. (Para 25 , 26 , 84)

JUDGMENT :

Anand Sharma, J.

1. With the consent of both the sides, arguments on the appeal were heard finally.

2. Present criminal appeal is directed against judgment and order dated 29.05.2023 passed by the Court of Special Judge, Prevention of Corruption Act Cases No. 1, Jaipur Metropolitan-II (hereinafter to be referred as ‘the trial court’) whereby the appellants have been convicted for commission of offences punishable under Sections 7 , 13(1)(d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter to be referred as ‘the Act of 1988’) and Section 120 -B of the Indian Penal Code (hereinafter to be referred as ‘ IPC ’) and sentenced as under:

AppellantsSectionsSentence

1. Kailash Chand Saini

2. Jagveer Singh
3. Sanwar Mal Meena

Section 7 of the Prevention of Corruption Act, 1988

One year’s rigorous imprisonment with fine of Rs. 5,000/-, in default of payment of fine to further undergo additional rigorous imprisonment for one month.

1. Kailash Chand Saini
2. Jagveer Singh
3. Sanwar Mal Meena

Section 13 (1)(d) read with (2) of the Prevention of Corruption Act, 1988

One year’s rigorous imprisonment with fine of Rs. 5,000/-, in default of payment of fine to further undergo additional rigorous imprisonment for one month.

1. Kailash Chand Saini
2. Jagveer Singh
3. Sanwar Mal Meena

Section 120-B of the Indian Penal Code

One year’s rigorous imprisonment with fine of Rs. 5,000/-, in default of payment of fine to further undergo additional rigorous imprisonment for one month.

All the sentences were ordered to run concurrently.

At the relevant time, Appellant No.1 was holding the post of Incharge of RPF Police Station, Reengus whereas Appellant No.2 was duty Officer/Constable and Appellant No. 3 was a Constable in the same Railway Police Station.

3. Facts of the case, in brief, are that the prosecution case hinges upon the complainant’s allegation of demand and acceptance of bribe of Rs. 5,000/- by the accused-appellants for deleting the name of the complainant from a criminal case registered under the Railways Act, 1989. A written complaint was submitted by the complainant, Chiranjilal before the Superintendent of Police, Anti Corruption Bureau, Chowki Sikar on 25.07.2007 alleging therein that the complainant was an LIC agent. On 22.06.2007, the complainant had gone to Jaipur to collect LIC premium. When complainant’s brother, Ramniwas, after taking a ticket from the counter came outside the boundary near the Municipal Council, he was stopped by Railway Officer, R.S. Kasana and allegation of illegal reselling of railway tickets was levelled against complainant’s brother and after altercations, tickets were taken away by the officer. After one day, the complainant learnt that one case has been registered against the complainant as well as his brother in RPF Police Chowki. After registration of the case, the complainant and his brother were called in RPF Police Chowki. However, instead of reporting before the police officer, they approached the Court of Additional Sessions Judge, Jaipur and succeeded in getting the order of anticipatory bail. It was further alleged that they went to RPF Police Chowki, Sikar on 12.07.2007 along with order of anticipatory bail, however, they were asked to submit the same at Police Station Reengus. Accordingly, the complainant and his brother went to Police Station Reengus on 13.07.2007 where Police Station In- charge (Appellant No.1) stated that in case, they had contacted him earlier, he wou

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