2009 (7) TMI 1230 - SC - Indian Laws

Whether all the ingredients of an offence, viz., demand, acceptance and recovery of the amount of illegal gratification have been satisfied? Whether the version of the complainant was true?

Summary

Issues:
1. Appeal against acquittal in a corruption case under the Prevention of Corruption Act, 1988.
2. Evaluation of evidence regarding demand, acceptance, and recovery of illegal gratification.
3. Burden of proof on the accused and prosecution under Section 20 of the Act.
4. Consideration of discrepancies in witness testimonies in a judgment of acquittal.

Analysis:
Issue 1: The State appealed against the acquittal of a Head Constable convicted under Section 7(1) of the Prevention of Corruption Act, 1988. The High Court acquitted the respondent due to lack of proof of demand and payment of illegal gratification. The State challenged this decision.

Issue 2: The judgment detailed incidents where the respondent allegedly demanded bribes for bail release. The prosecution's case relied on witness testimonies, including a hostile panch witness. The defense argued lack of evidence of demand and payment, leading to the High Court's acquittal based on insufficient proof.

Issue 3: The defense emphasized the burden of proof on the prosecution under Section 20 of the Act. The court highlighted the need for foundational facts to be established by the prosecution before shifting the burden to the accused. The judgment stressed the standard of proof based on preponderance of probability, not beyond a reasonable doubt.

Issue 4: The judgment scrutinized discrepancies in witness testimonies and the prosecution's case. It noted inconsistencies in the complainant's version, casting doubt on the prosecution's narrative. The court emphasized the principle of judgment in favor of the accused when two views are possible, leading to the dismissal of the appeal against acquittal.

The judgment underscored the importance of proving demand, acceptance, and recovery of illegal gratification for a corruption offense. It highlighted the prosecution's obligation to establish foundational facts before shifting the burden to the accused. The court's decision to dismiss the appeal against acquittal was based on the principle of judgment favoring the accused when doubt exists.