Proof of demand and acceptance is essential for a conviction under the Prevention of Corruption Act; mere recovery of bribe does not suffice.

1 This Appeal is preferred by two appellants, the appellant no.1 being a Motor Vehicle Inspector, Regional Transport Office and posted at check post Kagal, District Kolhapur and the appellant no.2, his accomplice alleged to have been acting on behalf of appellant no.1, being aggrieved by the judgment dated 19/20th June 2012 passed in Special Case No. (ACB) 6 of 2008, by the Special Judge at Kolhapur. The appellant no.1 was charged and tried for offence punishable under Section 7 , 13(1)(d) read with Section 13 (2) of the Prevention of Corruption Act (for short ‘P.C. Act’), and on conviction under Section 7 , has been sentenced to suffer RI for six months and fine of Rs.1,000/-, in default RI for one month, and on conviction under Section 13 (1)(d) and 13(2) to suffer RI for one year and to pay fine of Rs.1,000/- in default to suffer RI for one month. The appellant no.2 is convicted under Section 12 of the P.C Act and sentenced to suffer for a term of six months and to pay fine of Rs.1,000/-, in default to suffer RI for one month. The substantive sentence against appellant no.1 is directed to run concurrently and sentence in default to run consecutively. On conviction, the appellants have deposited the fine amount and the substantive sentences imposed being suspended, they are presently on bail.

2 The prosecution case in nutshell is that the appellant no.1 (Accused no.1) a Motor Vehicle Inspector, in Kagal check post, is a public servant. Since there were complaints of bribe being often accepted and demanded from the drivers passing through Kagal check post, a trap was laid by PW 6, the complainant with the assistance of PW 2, the truck driver who was to clear Kagal check post on the date of incident, with the assistance of two panchas, one being PW 3. It is alleged that on 5th June 2007, A1 demanded Rs.500/- from the truck driver (PW 2), the bribe was agreed as Rs.200/-, which was paid on the direction of A1 to A2 who is alleged to have accepted the amount. On the panch (PW 3) giving signal of payment of bribe by PW 2 to A2, the raiding party arrived and apprehended the accused persons and in the process, amount of Rs.200/- was recovered from Accused no.2.

3 In the backdrop of the aforesaid prosecution case, the appellants were charged by the Special Judge initially on 4th August 2010 as under :-

“That on 05/06/2007 at about 5.30 p.m in the check post of R.T.O office, Kagal, you accused Nos.1 being a public servant working as Motor Vehicle Inspector in R.T.O. Office, Kolhapur, and accused No.2 being his punter, as per your earlier demand, accused no.2 Chandrakant accepted Rs.200/- from truck driver Chikkaswami Nagraju R/o Daar No.D-4, Post-Halgur, Tal: Malavili, District: Mandaya, Karnataka State, for accused no.1 Sanjaysing as gratification other than legal remuneration as a reward for not filing complaint and thereby committed an offence punishable u/s.7 of Prevention of Corruption Act, 1988 and within my cognizance.

That on the above said date, time and place you accused Nos.1 being a public servant working as Motor Vehicle Inspector and accused No.2 working as his punter committed the offence of criminal misconduct by accepting accused No.2 at the behest of accused no.1, Rs.200/- from truck driver Chikkaswami Nagraju by corrupt means and thereby committed an offence punishable u/s.13(1)(d) read with Section 13 (2) of the said Act and within my cognizance.

4 By order dated 18th June 2012, the charge came to be altered and added at the stage of the judgment, the modification, being the accused no.2, who is not a public servant, came to be charged only under Section 12 of the P.C.Act. The Accused no.1 came to be charged under Section 7 and Section 13 (2) read with 13(1)(d) of P.C. Act in his capacity as a public servant for accepting gratification other then legal remuneration through accused no.2 as a motive or reward for doing or favoring to do any official act in exercise of the official function and for the act of commissi