New Delhi: The Supreme Court has acquitted two Gujarat government employees in a corruption case linked to an alleged Rs 20 bribe, bringing an end to litigation that began nearly three decades ago.
A bench of Justices Ujjal Bhuyan and Atul S Chandurkar overturned the convictions of a Talati-cum-Mantri and a peon from the Bechri Gram panchayat office. The case was registered in 1996 and involved the alleged payment made in connection with an income certificate.
Court Finds Bribe Demand Unproven
The prosecution case was based on the complaint of a student who had visited the panchayat office in February 1996. He needed an income certificate to obtain certain educational concessions.
According to the prosecution, the Talati-cum-Mantri demanded Rs 120 for issuing the certificate. Of this amount, Rs 100 was allegedly meant for the official and Rs 20 for the peon. The student then contacted the Anti-Corruption Bureau, which arranged a trap.
The trial court convicted both employees in 1999 under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988. The Gujarat High Court upheld the convictions in a common judgment delivered in January 2015.
The Supreme Court, however, said the prosecution had not established the basic requirement of proving that a bribe had been demanded, as reported by ETV Bharat.
“Mere possession of a currency note of Rs 20 with A2 (peon) by itself would not be sufficient to uphold the conviction of A1 (Talati-cum-Mantri) and A2 for the offence punishable under Sections 7, 12 and 13(1)(d) of the Act of 1988. The defence raised by A2 that the festival of Eid was on the next day and, hence, the complainant gave Rs 20 to him after receiving the Income Certificate is also probable,” the bench said.
Payment Made After Certificate Was Issued
The court pointed out that the income certificate had already been prepared and handed over to the student by the Talati-cum-Mantri before the Rs 20 was given to the peon.
“Having found that the charge of demand of bribe amount has not been proved against A1 coupled with the fact that both the Courts have recorded a finding that A2 made no demand, the case of the prosecution must fail,” the bench observed.
It added that the timing of the payment raised doubts about the prosecution’s version.
“When this circumstance is considered in the totality of the prosecution material on record, it again raises a doubt as the Income Certificate was duly prepared and handed over to the complainant by A1, after which he gave the amount of Rs 20 to A2,” the bench said.
“Reference in this regard can be made to the decision in State of Lokayuktha Police, Davanagere (supra) wherein it was held that ipso facto, it cannot be assumed that such payment was pursuant to a demand made,” it added.
The Supreme Court set aside the judgments of the trial court and the High Court and acquitted both employees. Their bail bonds were cancelled, and the criminal appeals were allowed.