2006 (1) TMI 608 - SC - Indian Laws

Whether the High Court was not justified in accepting the explanation regarding receipt of ₹ 300/- by the accused as being towards Tagai loan? Whether the conclusion of guilt is inescapable?

Summary

Issues Involved:
1. Validity of the High Court's judgment of acquittal.
2. Evaluation of the evidence and the explanation provided by the accused.
3. Applicability of statutory presumptions under Section 4 of the Prevention of Corruption Act, 1947.
4. Determination of the appropriate sentence.

Detailed Analysis:

1. Validity of the High Court's Judgment of Acquittal:
The State appealed against the Bombay High Court's judgment dated 25.11.1997, which acquitted the accused by setting aside the conviction and sentence passed by the Additional Special Judge, Pune. The High Court had accepted the accused's explanation that the amount was received as repayment of a government loan, thereby granting the accused the benefit of doubt.

2. Evaluation of the Evidence and the Explanation Provided by the Accused:
The prosecution's case involved the accused, a Talathi, demanding and accepting Rs. 300 as a bribe for removing names from a revenue record. The complainant reported the demand to the Anti-Corruption Bureau, leading to a trap and the accused's arrest with the marked currency notes. The accused claimed the amount was received towards a Tagai loan due from the complainant's brother, Baban. The Special Judge rejected this explanation, finding the prosecution's evidence credible. However, the High Court found the explanation reasonable and acquitted the accused.

3. Applicability of Statutory Presumptions Under Section 4 of the Prevention of Corruption Act, 1947:
The Supreme Court emphasized that under Section 4 of the Act, once it is established that an accused has accepted any gratification, it is presumed to be illegal unless proven otherwise. The accused must rebut this presumption with evidence, not merely by offering a plausible explanation. The Court cited precedents where the burden on the accused to displace this presumption is significant and requires more than just a reasonable probability.

4. Determination of the Appropriate Sentence:
The Supreme Court found the High Court's acceptance of the accused's explanation unsatisfactory. The evidence clearly showed no amount was due from the complainant to the government, and the alleged notice of demand was a fabrication. The Court restored the conviction but reduced the sentence from one year to four months, considering the long duration since the incident, the accused's age, and his socio-economic background.

Conclusion:
The Supreme Court allowed the appeal, set aside the High Court's acquittal, and restored the conviction by the Additional Special Judge. The sentence was reduced to four months due to mitigating circumstances, and the accused was ordered to surrender to serve the sentence.