Brief facts
- The High Court confirmed the judgment of the trial court whereby the Trial Court convicted the accused under section 7 and 13(1) & 13(2) of the Prevention of Corruption Act.
- The Appellant was posted as the Sub-Registrar, Cooperative Society and he was alleged to have demanded and received bribe of Rs. 1500/- from the de facto complainant as an illegal gratification for himself and deputy registrar.
Issues
- Whether the death of the de facto complainant before the commencement of the trial is fatal to the prosecution?
- Once the acceptance of the money by the public servant is proved, will the burden shifts on the accused to offer reasonable and probable explanation?
- Role of presumption under section 20 of the PC Act.
Held
- The Supreme Court found the Appellant guilty for the offence under Section 7 and 13(1) r/w 13(2) of the PC Act.
- It is well settled proposition of law that the death of the complainant or non- availability of the complainant at the time of trial could be said to be fatal to the case of prosecution, nor could it be said to be a ground to acquit the accused. It is always open for the prosecution to prove the contents of the complaint and other facts in issue by leading other oral or documentary evidence, in case of death of or non- availability of the complainant.
- In the instant case the pre-trap and post-trap proceedings were duly proved by the prosecution by examining the concerned witnesses, who had duly supported the case of prosecution. Both the courts below have recorded the findings that the prosecution had proved beyond reasonable doubt the conscious acceptance of the tainted currency by the accused and also the recovery of tainted currency from the appellant. Therefore, the burden had shifted on the appellant to dispel the statutory presumption under Section 20 of the said Act, and prove that it was not accepted as a motive or reward for the performance of his public duty, which the appellant had failed to dispel. The explanation offered by the appellant did not tally with the statement of the complainant recorded under Section 164 of Cr.P.C.
Relevant Para No.
9, 12