In a landmark decision, the Supreme Court of India has acquitted two government employees from Gujarat who were embroiled in a corruption case dating back to 1996. The case, which revolved around an alleged bribe of ₹20, was dismissed by a bench comprising Justices Ujjal Bhuyan and Atul S Chandurkar. The court ruled that the prosecution failed to establish the crucial element of ‘demand,’ which is essential to sustain a conviction under the Prevention of Corruption Act.
Background of the Case
The case involved a Talati-cum-Mantri, a local revenue official, and a peon who were accused of demanding a bribe from a student. The student approached the Bechri Gram Panchayat office seeking an income certificate necessary for educational benefits. Allegedly, the Talati-cum-Mantri requested ₹120 in total, with ₹100 for himself and ₹20 for the peon. Acting on the student’s complaint, the Anti-Corruption Bureau (ACB) organized a sting operation using marked currency notes treated with a chemical powder to detect the bribe once handed over.
During the operation, the student was instructed to carry ₹120 in marked notes. However, only ₹20 was handed to the peon, which was later recovered from his pocket. Despite the peon’s arrest with the marked currency, the remaining ₹100 was never recovered from the Talati-cum-Mantri, leading to questions about the prosecution’s case.
Judicial Proceedings
The trial court initially convicted both the Talati-cum-Mantri and the peon in 1999 under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, a decision that was upheld by the Gujarat High Court in 2015. However, upon appealing to the Supreme Court, the defense argued that the demand for the bribe was never proven. Notably, the student had provided a conflicting account in another case, stating the initial demand was ₹200, which was later negotiated down to ₹120. This inconsistency was not reflected in the original trial testimony.
The Supreme Court identified significant discrepancies in the prosecution’s narrative. One notable observation was that despite the instructions to hand over the entire ₹120, the student gave only ₹20 to the peon. Moreover, the peon, who was in close proximity to the Talati-cum-Mantri, did not question the incomplete amount.
More Read
Supreme Court’s Ruling
The court concluded that since the demand for the bribe was not substantiated, the mere recovery of ₹20 could not invoke the presumption of guilt under Section 20 of the Prevention of Corruption Act. Furthermore, the peon’s defense that he received the money as an Eid gift was deemed plausible. The court also found procedural lapses in the prosecution, specifically the invalid sanction to prosecute the Talati-cum-Mantri, which was issued by an unauthorized official.
After a protracted legal battle spanning nearly three decades, the Supreme Court set aside the convictions, acquitting both government employees. This case underscores the paramount importance of proving the demand in corruption cases to uphold convictions under the Prevention of Corruption Act.
