S. ABDUL NAZEER, B. R. GAVAI, A. S. BOPANNA, V. RAMASUBRAMANIAN, B. V. NAGARATHNA
Neeraj Dutta – Appellant
Versus
State (Govt. of N. C. T. of Delhi) – Respondent
What is the question of law referred to a Constitution Bench in relation to proving demand of illegal gratification in the absence of direct evidence? What is the Court’s answer regarding whether inferential deduction of culpability under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act is permissible based on other evidence when the complainant's direct evidence is unavailable? What is the role and parameters of evidence (direct, circumstantial, or presumption under Section 20) in proving demand and acceptance/obtainment of illegal gratification under the Act?
Key Points: - The Constitution Bench addresses whether, in the absence of direct evidence of demand, demand for illegal gratification can be proved by other evidence (!) (!) . - It resolves that it is permissible to draw inferential deductions of culpability under Sections 7 and 13(1)(d) read with 13(2) based on other prosecution evidence when the complainant is unavailable or hostile (!) (!) (!) . - It clarifies the interplay of evidence types (oral, documentary, circumstantial) and the role of legal presumption under Section 20 versus presumptions under the Evidence Act in proving demand and obtainment/acceptance (!) (!) (!) (!) (!) (!) (!) . - It emphasizes that proof of demand is a sine qua non for offences under Sections 7 and 13(1)(d) (i)(ii), but may be established through non-direct evidence and circumstantial links when direct evidence is unavailable (!) (!) (!) . - It discusses the treatment of "hostile" witnesses and the use of other corroborating evidence to sustain conviction (!) (!) (!) . - It confirms there is no conflict between various three-judge judgments on the quality of proof required when direct evidence is unavailable, and provides the concluding position that such inferential proof is permissible (!) . - It identifies the conceptual distinction between "acceptance" and "obtainment" and their respective evidentiary requirements under the Act (!) (!) .
JUDGMENT :
B.V. NAGARATHNA, J.
1. By Order dated 27.08.2019, a Three Judge Bench of this court has referred the question of law framed to be decided by a Bench of appropriate strength. That is how this batch of cases has been referred to the Constitution Bench comprising of five judges by Hon’ble the Chief Justice of India. For easy reference, the Order of Reference dated 27.08.2019 is extracted as under:
“ORDER
1. The present reference, concerning the Prevention of Corruption Act, 1988, arises out of the order dated 28.02.2019, passed by a two-judge bench of this Court, wherein they expressed certain doubts as to the validity of the position of law as expounded by this Court in the case of P. Satyanarayana Murthy vs. District Inspector of Police, State of Andhra Pradesh and Another, (2015) 10 SCC 152. In that case, the Court held that, in the absence of primary evidence of the complainant due to his death, inferential deductions in order to sustain a conviction under Sections 7 and 13(1)(d)(i) and (ii) of the Prevention of Corruption Act, 1988 was impermissible in law.
2. However, the Court, vide order dated 28.02.2019, highlighted a number of judgments, such as Kishan Chand Mangal v
Subash Parbat Sonvane vs. State of Gujarat (2002) 5 SCC 86 – Relied [Para 6]
Ram Krishan vs. state of Delhi AIR 1956 SC 476 – Relied [Para 6]
C.K. Damodaran Nair vs. Government of India (1997) 9 SCC 477 – Relied [Para 8]
B. Jayaraj vs. State of Andhra Pradesh (2014) 13 SCC 55 – Referred [Para 9]
P. Satyanarayana Murthy vs. D. Inspector of Police
M. Narsinga Rao vs. State of A.P. (2001) 1 SCC 691 – Referred [Para 9]
A. Subair vs. State of Kerala (2009) 6 SCC 587 – Referred [Para 10]
State of Kerala vs. C.P. Rao (2011) 6 SCC 450 – Referred [Para 10]
Suresh Budharmal Kalani vs. State of Maharashtra (1998) 7 SCC 337 – Referred [Para 10]
Hazari Lal vs. State (Delhi Admn.) (1980) 2 SCC 390 – Referred [Para 10]
Kishan Chand Mangal vs. State of Rajasthan (1982) 3 SCC 466 – Referred [Para 11]
K. Shanthamma vs. State of Karnataka (2022) 4 SCC 574 – Referred [Para 14]
State of U.P. vs. Ram Asrey 1990 Supp SCC 12 – Referred [Para 15]
Mukhtiar Singh vs. State of Punjab; (2017) 8 SCC 136 – Referred [Para 15]
M.R. Purushotam vs. State of Karnataka (2015) 3 SCC 247 – Referred [Para 15]
C.M. Sharma vs. State of Andhra Pradesh (2010) 15 SCC 1 – Referred [Para 15]
State of Maharashtra vs. Dhyaneshwar Laxman Rao Wankhede (2009) 15 SCC 200 – Referred [Para 15]
Sukumaran vs. State of Kerala (2015) 11 SCC 314 – Referred [Para 15]
Sunkanna vs. State of Andhra Pradesh (2016) 1 SCC 713 – Referred [Para 15]
State of Madhya Pradesh vs. Ram Singh (2000) 5 SCC 88 – Referred [Para 23]
State of Rajasthan vs. Babu Meena (2013) 4 SCC 206 – Relied [Para 38]
Amarjit Singh vs. State (Delhi Admn.) 1995 CrLJ 1623 – Relied [Para 44]
Kumar Exports vs. Sharma Carpets (2009) 2 SCC 513 – Relied [Para 47]
Krishna Janardhan Bhat vs. Dattatraya G Hegde (2008) 4 SCC 54 – Relied [Para 47]
State of Madras vs. A. Vaidyanatha Iyer AIR 1958 SC 61 – Relied [Para 49]
Dhanvantrai Balwantrai Desai vs. State of Maharashtra AIR 1964 SC 575 – Relied [Para 50]
Navaneethakrishnan vs. State by Inspector of Police AIR 2018 SC 2027 – Relied [Para 53]
Sharad Birdhichand Sarda vs. State of Maharashtra (1984) 4 SCC 116 – Relied [Para 55]
Prakash vs. State of Rajasthan (2013) 4 SCC 668 – Relied [Para 55]
Kundan Lal Rallaram vs. The Custodian
Madhukar Bhaskarrao Joshi vs. State of Maharashtra (2000) 8 SCC 571 – Relied [Para 57]
State vs. Dr. Anup Kumar Srivastava (2017) 15 SCC 560 – Relied [Para 58]
State of Andhra Pradesh vs. V. Vasudeva Rao (2004) 9 SCC 319 – Relied [Para 60]
State of Andhra Pradesh vs. P. Venkateshwarlu (2015) 7 SCC 283 – Relied [Para 60]
Selvaraj vs. State of Karnataka (2015) 10 SCC 230 – Relied [Para 60]
Nayan Kumar Shivappa Waghmare vs. State of Maharashtra (2015) 11 SCC 213 – Relied [Para 61]
Sat Paul vs. Delhi Administration (1976) 1 SCC 727 – Relied [Para 66]
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