The High Court of Chhattisgarh, held that mere recovery of currency notes cannot constitute an offense u/s 7 of the Prevention of Corruption Act, unless it is proved beyond reasonable doubt that the accused voluntarily accepted the money, knowing it to be a bribe.
This decision was made while allowing an appeal against the judgment dated 07.03.2002, passed by the learned Special Judge-cum-First Additional Sessions Judge, in which the accused-appellant had been convicted and sentenced under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988.
Brief Facts:
The complainant’s wife, working as a Female Health Worker, wanted to get her transfer on adjustment to Raipur, for which, she sent an application to CMO. Then CMO sent the application to the accused. On contacting the accused, he demanded Rs.7000/- as a bribe. The complainant gave a written complaint in the Lokayukt Office. A trap was arranged and FIR was registered on 25.04.1995. The Trial Court convicted and sentenced the appellant. Hence, the instant appeal.
Contentions of the Appellant:
The Learned Counsel for the Appellant submitted that the appellant was working as a Media Manager in the health department and his duty was to follow the instructions of the CMO Office and he had no role in making decisions on transfer matters of health department employees. He argued that when the trap team entered the appellant’s room, the appellant did not have any notes in his hand and this witness further categorically denied the suggestion that the accused was picking up the notes when they reached there.
Contentions of the Respondent:
The Learned Counsel for the Respondent submitted that the conviction and sentence of the appellant are well merited, and need no interference.
Observations of the court:
The court noted that in the statement recorded u/s 313 CrPC, the accused in defense stated that neither he demanded the money nor he dealt with transfer matters as he had no power.
The Court observed that mere recovery of currency notes cannot constitute an offense u/s 7 of the Prevention of Corruption Act, unless it is proved beyond reasonable doubt that the accused voluntarily accepted the money, knowing it to be a bribe. The proof of acceptance of illegal gratification can follow only if there is proof of demand. The Court said that mere acceptance of money without there being any other evidence would not be sufficient for convicting the accused under section 13(1)(d) (i). The mere recovery of the currency notes from the accused and the positive result of the phenolphthalein test are not enough to establish the guilt of the appellant. The charges must be proved beyond a reasonable doubt.
The decision of the Court:
The Chhattisgarh High Court, allowing the appeal, held that the impugned judgment of conviction and order of sentence against the appellant cannot be sustained and is hereby set aside.
Case Title: Ram Swaroop Gupta vs. State Of Chhattisgarh
Coram: Hon’ble Justice Sanjay Kumar Jaiswal
Case No.:CRA No. 297 of 2002
Advocate for the Appellant: Mr. Manoj Paranjpe
Advocate for the Respondent: Mr. Deepak Kumar Singh
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