VidhiSangh

Supreme Court of India · 17/07/2025

M SAMBASIVA RAO versus THE STATE OF ANDHRA PRADESH

[2025] 7 S.C.R. 1183 · 2025 INSC 868

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Summary

The Supreme Court set aside a High Court judgment that had reversed the acquittal of an insurance company officer in a CBI bribery trap case and restored the acquittal, holding that the prosecution had not proved demand and acceptance of the bribe beyond reasonable doubt: the alleged conspiracy rested on inference from a phone call whose contents were unknown, the co-accused senior officer had himself forwarded a complaint against the appellant to vigilance a month earlier, and three glaring contradictions (the SP's undisclosed participation in the trap shown by his tour diary, a 'white' shirt exhibited as moss-coloured, and phenolphthalein traces on a whisky box never treated with the powder) shook the foundation of the trap.

Issues

  1. Whether the prosecution proved, by the standard laid down in Neeraj Dutta, the demand of illegal gratification by the appellant and its acceptance so as to sustain convictions under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 and Section 120B IPC.
  2. Whether the High Court could draw an adverse inference of conspiracy from the appellant's denial of a telephone call to the co-accused when the contents of the conversation were not in evidence.
  3. Whether the High Court, while reversing an acquittal, adequately addressed the material contradictions in the trap and post-trap evidence, including the role of the Superintendent of Police, the colour of the seized shirt and the phenolphthalein test on the whisky box.
  4. Whether, where two views are reasonably possible on the evidence, the appellate court was justified in disturbing the trial court's acquittal.

Provisions considered

Held

Result

Appeal allowed. The High Court's judgment dated 21.08.2015/09.09.2015 in Criminal Appeal No. 548 of 2006 set aside and the trial court's judgment of acquittal dated 07.06.2005 restored; the appellant acquitted of all charges and held entitled to refund of any fine deposited.

Judgment PDF: Supreme Court of India, [2025] 7 S.C.R. 1183.