bribery - The Legal Chamber

“Demand & Acceptance” Not Proved: Supreme Court Acquits Official in Anti-Corruption Case

13Jan

By The Legal ChamberNo Comments

Supreme Court

“Demand & Acceptance” Not Proved: Supreme Court Acquits Official in Anti-Corruption Case

The Supreme Court reiterated the established principle that an appellate court should not reverse an acquittal unless the trial court’s view is perverse or based on a manifest misreading of evidence. The prosecution must prove the foundational facts of demand and acceptance of a bribe beyond reasonable doubt, and mere recovery of money is insufficient for conviction under the Prevention of Corruption Act. Facts Of The Case: The appellant, an Assistant Commissioner of Labour, was accused of demanding a bribe of ₹9,000 from a labour contractor for renewing three licences. The prosecution alleged that a partial payment of ₹3,000 was made on 25.09.1997, with the balance demanded the next day. The complainant reported this to the Anti-Corruption Bureau (ACB), which laid a trap on 26.09.1997. ...

Supreme Court: Long Judgment Isn’t a Flaw If Quashing is Justified, Dismisses Telangana’s Plea

22Nov

By The Legal ChamberNo Comments

Supreme Court

Supreme Court: Long Judgment Isn’t a Flaw If Quashing is Justified, Dismisses Telangana’s Plea

The Supreme Court upheld the High Court's order quashing criminal proceedings, emphasizing that the FIR and complaint failed to disclose a cognizable offense against the accused. The Court found the allegations vague, unsubstantiated, and lacking any material to connect the accused to the crime, making the case unsustainable. Facts Of The Case: The case originated from a written complaint dated May 28, 2015, by a Member of the Legislative Assembly (MLA) to the Anti-Corruption Bureau in Hyderabad. He alleged that the fourth accused (A4), Jerusalem Mathai, had offered him Rs. 2 crores and a ticket to leave the country to abstain from voting in the upcoming Member of Legislative Council (MLC) elections. A subsequent paragraph in the same complaint mentioned a higher offer of Rs. 5 crores fr...

Supreme Court : Courts Can’t Reopen Departmental Inquiries; Role is to Check Procedure, Not Merits

23Sep

By The Legal ChamberNo Comments

Supreme Court

Supreme Court : Courts Can’t Reopen Departmental Inquiries; Role is to Check Procedure, Not Merits

This Supreme Court judgment reaffirms the limited scope of judicial review in departmental inquiries. The Supreme Court held that constitutional courts cannot act as appellate authorities to re-examine evidence. Interference is permissible only for procedural illegality, natural justice violations, or manifest perversity, not to reassess the merits of the findings recorded by the disciplinary authority. Facts Of The Case: The respondent, Ramadhar Sao, was employed as a messenger (a Class-IV employee) with the State Bank of India. In 2008, the Bank received complaints alleging he acted as a middleman, taking bribes from customers to facilitate the sanction and disbursement of loans. A chargesheet was issued against him in 2010, accusing him of misconduct for acting as a conduit fo...

Supreme Court Hostile Witness & Unproven Demand Lead to Acquittal in Landmark Corruption Appeal

17Sep

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Hostile Witness & Unproven Demand Lead to Acquittal in Landmark Corruption Appeal

The Supreme Court acquitted the accused, ruling that the mere recovery of tainted money is not conclusive proof of guilt under the Prevention of Corruption Act. The prosecution failed to prove the crucial element of demand beyond a reasonable doubt. The accused's plausible explanation under Section 313 CrPC was entitled to the benefit of doubt. Facts Of The Case: The case involved an appeal against the conviction of a Lower Division Clerk at the Passport Office, Thiruvananthapuram, under the Prevention of Corruption Act, 1988. The prosecution's case was that the accused demanded an additional ₹500 as a bribe from the complainant to expedite his passport application. After negotiation, an initial gratification of ₹200 was to be paid along with the official ₹1000 fee. The Cen...

Supreme Court Acquits Village Assistant: Merely Accepting Bribe Isn’t Enough

14Sep

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Acquits Village Assistant: Merely Accepting Bribe Isn’t Enough

The Supreme Court upheld the conviction of the main accused under Sections 7 and 13 of the Prevention of Corruption Act, 1988, as demand and acceptance of illegal gratification were proven. However, the conviction of the co-accused was set aside due to the absence of a specific charge of abetment and lack of evidence proving his connivance or independent demand for the bribe. Facts Of The Case: The case involved two government officials, A. Karunanithi (A-1), the Village Administrative Officer, and P. Karunanithi (A-2), the Village Assistant. The complainant approached A-1 to obtain a necessary community certificate for a government job. On two separate occasions, A-1 demanded a bribe of Rs. 500 from the complainant to process the application. The complainant subsequently lodged a formal...