The Supreme Court recently acquitted two government employees accused of demanding and accepting bribe after noting that the prosecution failed to prove the factum of demand and acceptance of bribe.
The Court reiterated that a presumption under Section 20 of the Prevention of Corruption Act, 1988 (“PC Act”) would not arise against the accused unless the factum of demand and acceptance of bribe is established by the prosecution.
Further, the Court stressed the importance of the independent witnesses' testimony in trap cases to ensure the credibility of the evidence i.e., if independent witnesses turn hostile or contradict the prosecution's case, it raises reasonable doubt about the accused's guilt.
The Court found this discrepancy fatal to the prosecution's case.
“PW 8 who led the trap team merely spoke of a recovery of the bribe amounts from the possession of the accused and the hands and trousers of the accused having positively reacted to the test solution. The said deposition is contrary to the statements made by the independent witnesses that some notes were found thrown on the floor. None of the officers spoke of any of the accused having taken out the notes and thrown it on the floor.”, the court observed.
"On an examination of the entire evidence, we are of the opinion that the prosecution has failed to establish beyond all reasonable doubt, the demand of bribe and its acceptance, in a trap laid by the trap team of the ACB. In that circumstance there is no question of a presumption under Section 20 arising in this case. The conviction and sentence of the accused as brought out by the Trial Court and affirmed by the High Court, hence, is set aside.”, the court added.
MADAN LAL VERSUS STATE OF RAJASTHAN
