VidhiSangh

Supreme Court of India · 03/02/2021

N. VIJAYAKUMAR versus STATE OF TAMIL NADU

[2021] 2 S.C.R. 63 · 2021 INSC 60

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Summary

The Supreme Court restored acquittal in a corruption prosecution after finding material contradictions in the trap evidence and an unexplained delay in testing the accused’s hands. Recovery of currency and a phone from a drawer did not by itself prove demand and knowing acceptance. The trial court’s assessment was a reasonable possible view, which the High Court could not replace merely by preferring another. The separate objection concerning later alteration of the conviction was left undecided.

Issues

  1. Whether the High Court properly reversed an acquittal where the trap evidence permitted reasonable doubt.
  2. Whether recovery alone established the alleged bribery and supported the statutory presumption.

Provisions considered

Held

Result

Appeals allowed; all impugned conviction and sentence orders set aside, and immediate release directed unless custody was required in another case.

Judgment PDF: Supreme Court of India, [2021] 2 S.C.R. 63.