VidhiSangh

Supreme Court of India · 17/04/2023

SOUNDARAJAN versus STATE REP. BY THE INSPECTOR OF POLICE VIGILANCE ANTICORRUPTION DINDIGUL

[2023] 4 S.C.R. 133 · 2023 INSC 377

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Summary

A Sub-Registrar was convicted under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 for demanding Rs. 500 to return a registered sale deed and accepting it in a trap. The complainant turned hostile, denied any demand and was not confronted with his complaint, and the shadow witness said only that the accused asked whether the money had been brought. The Supreme Court acquitted him: proof of demand of gratification and its acceptance is a sine qua non for Section 7, a demand for money is not by itself a demand for gratification, the Section 20 presumption arises only after both are proved, and there was no circumstantial evidence of demand. The charge, which alleged a demand on the date of registration rather than the dates actually alleged, was defective but not fatal under Section 464 CrPC as no prejudice was shown.

Issues

  1. Whether the offences under Sections 7 and 13(1)(d) of the Prevention of Corruption Act are established where the complainant turns hostile and the shadow witness proves no specific demand for gratification.
  2. Whether an omission to frame a proper charge regarding the dates of demand and acceptance vitiates the conviction.

Provisions considered

Held

Result

Appeal allowed; judgments of the Special Court and High Court quashed and set aside; appellant acquitted of the offences under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988; bail bonds cancelled.

Judgment PDF: Supreme Court of India, [2023] 4 S.C.R. 133.