VidhiSangh

Supreme Court of India · 13/08/2025

MINI versus CBI/SPE COCHIN

[2025] 8 S.C.R. 799 · 2025 INSC 980

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Summary

The Supreme Court set aside the concurrent conviction of a passport-office clerk under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988. The complainant had not supported the allegation of demand at trial, Rs. 1,000 of the Rs. 1,200 recovered was the lawful passport fee, and the accused's Section 313 CrPC explanation that he was unaware two extra Rs. 100 notes had been added was plausible and had wrongly been brushed aside; the deceased accused was treated as acquitted.

Issues

  1. Whether a conviction for demand and acceptance of illegal gratification can be sustained when the complainant does not support the demand at trial and the bulk of the money recovered was a lawful fee.
  2. Whether the courts below erred in not considering the accused's explanation under Section 313 CrPC that he did not know the amount handed over exceeded the lawful passport fee.

Provisions considered

Held

Result

Appeal allowed; judgments of the High Court and trial court set aside; the deceased accused to be treated as acquitted of all charges; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 8 S.C.R. 799.