Summary
The Supreme Court restored two public servants’ corruption convictions because consistent complainant and trap-witness evidence proved demand and coordinated acceptance, corroborated by tainted currency and anthracene traces. Recovery from only one accused did not negate the other’s participation. Given the twenty-seven-year lapse, the criminal-misconduct sentence was reduced to the historically applicable one-year minimum.
Issues
- Whether the High Court properly disregarded evidence of demand and acceptance and whether the sentence required modification.
Provisions considered
- Sections 7 and 13(1)(d), with historically applicable section 13(2), Prevention of Corruption Act, 1988Demand and knowing acceptance were proved on the evidence. The section 13 sentence was reduced to the one-year statutory minimum applicable to the 1991 occurrence. (¶¶ 8, 9, 10, 12, 13, 14)
- Section 20, Prevention of Corruption Act, 1988The presumption for the section 7 offence is rebuttable on preponderance of probabilities; neither accused offered a satisfactory explanation here. (¶¶ 11, 12)
Held
- Mere recovery is insufficient without proof of demand and knowing acceptance. Here reliable evidence of PWs 1 and 3, corroborated by currency recovery and anthracene traces on the two accused, established that they acted together in demanding and accepting the bribe. (¶¶ 8, 9, 10)
- For the section 7 offence, section 20 could be rebutted through cross-examination or reliable defence evidence on a preponderance of probabilities. No explanation rebutted it in this case. (¶¶ 11, 12)
- The High Court improperly brushed aside the consistent witness evidence and the trial court’s credibility assessment. Its acquittal could not stand. (¶¶ 9, 10, 12)
- The 1991 occurrence and lapse of about twenty-seven years justified reducing the section 13 imprisonment from two years to the then-applicable one-year minimum. (¶¶ 13, 14)
Result
State appeals allowed; both convictions restored. Section 13 imprisonment reduced from two years to one year for each accused. Surrender to serve the remaining sentence required within two weeks, failing which custody directed.