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TMI Blog2011 (5) TMI 860X X X X Extracts X X X X X X X X Extracts X X X X ..... before the court. In the context of those observations, this Court made it clear that the prosecution has to prove the charge beyond reasonable doubt like any other criminal offence and the accused should be considered innocent till it is proved to the contrary by proper proof of demand and acceptance of illegal gratification, which is the vital ingredient to secure the conviction in a bribery case. - APPEAL NO(s). 1098 OF 2006 - - - Dated:- 16-5-2011 - ASOK KUMAR GANGULY AND DEEPAK VERMA, JJ. JUDGMENT GANGULY, J. Heard learned counsel for the parties. This is an appeal against the judgment and order of acquittal dated 19th January, 2005 rendered by the High Court. The respondent facing a trial, was convicted under Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r marks. Apart from that, it is the case of the respondent that when CW 1 met him in a hotel room, the respondent shouted that some currency notes had been thrust into his pocket by CW 1. Such shouts of the respondent were heard by PW 1 and PW 2. The evidence of PW 1 and PW 2 were recorded by the Trial Court. The evidence of PW 1 and PW 2 could not be, in any way, shaken by manner of cross-examination. PW 3 has also given evidence of the previous animosity between the college authorities and the respondent who had an occasion to file reports with the college authorities on the basis of some inspection. In the background of these facts, especially the non-examination of CW 1, was found very crucial by the High Court. The High Court has r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot prove the charge of the prosecution against the accused. In the absence of any evidence to prove payment of bribe or to show that the accused voluntarily accepted the money knowing it to be bribe conviction cannot be sustained. (See para 18) In a subsequent decision of this Court also under the Prevention of Corruption Act, in the case of A. Subair Vs. State of Kerala 2009(6) SCC 587, this Court made certain pertinent observations about the necessity of the presence of the complainant in a bribery case. The relevant observations have been made in paragraph 18 and 19 which are quoted below:- 18. The High Court held that since the Special Judge made attempts to secure the presence of the complainant and those attempts f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the High Court, the scope of interference by this Court in order of acquittal has been very succinctly laid down by a Three-Judge bench of this Court in the case of Sanwat Singh others Vs. State of Rajasthan 1961(3) SCR 120. At page 129, Justice Subba Rao(as His Lordship then was) culled out the principles as follows:- The foregoing discussion yields the following results: (1) an appellate court has full power to review the evidence upon which the order of acquittal is founded; (2) the principles laid down in Sheo Swarup's case 1934 L.R. 61 I.A. 398 afford a correct guide for the appellate court's approach to a case in disposing of such an appeal; and (3) the different phraseology used in the judgments of this Court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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