- The Hon’ble Supreme Court (SC or Court),dismissing the observations made by the High in the case of K Shanthamma v State of Telangana, has held that in order to establish an offence under Section 7 of the Prevention of Corruption Act (POCA) in relation to acceptance of a bribe, proof of demand of bribe and its acceptance by a public servant is an essential prerequisite.
- Mere discovery of a certain sum of money from a public servant without proof of demand for illegal gratification is not sufficient for conviction under Sections 7 and/ or 13 of POCA.
- The Appellant, a Commercial Tax Officer, was convicted by a Special Court under Sections 7 and 13 (1)(d) read with section 13(2) of POCA for demanding a bribe of ₹3,000. This Conviction was approved by the HC of Telangana.
- The Appellant refuted all claims and pointed out that the amount was recovered from a diary and the acceptance of a bribe has not been proved. It was also pointed out to the Court that when the sodium carbonate test was conducted, the fingers of the Appellant did notturn pink; therefore, it was not established that she accepted the currency notes. Further, it was also argued that since the society was not liable to pay any tax, the prosecution’s case appears doubtful.
- Taking note of the witnesses’ statements and the evidence placed on record before it, the Court came to the conclusion that nothing stated in the submission made by the prosecution pointed out that the Appellant made a demand for bribe in the first place.
- The witness on behalf of the prosecution himself stated that on the day of trap, no demand for bribe was made. Further, there was no other witness or evidence produced to corroborate the demand or acceptance of the bribe.
- Based on the observations above, the SC set aside the impugned order of the conviction of the Appellant for the offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of POCA and acquitted her of all the charges framed against her.
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