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Criminal LawSupreme Court of India

The State of Gujarat v. Navinbhai Chandrakant Joshi

Criminal Appeal · 2018 INSC 613Decided 17 Jul 2018
Criminal Appeal Nos. 895-896 of 2018
Justice Ranjan Gogoi · Justice R. Banumathi

Background

A government clerk was accused of demanding a bribe of Rs. 500 from a businessman to expedite approval of a land-use permission, and of having a second clerk collect the money on his behalf. A police trap caught the second clerk with the marked currency, and ultraviolet-light testing showed traces of the chemical powder used to mark the bribe money on both accused. The trial court convicted both men, but the Gujarat High Court acquitted them, reasoning that there was no recovery from the clerk who allegedly demanded the bribe and that demand and acceptance had not been proved.

Decision Breakdown

The Supreme Court held that the High Court wrongly discounted the consistent testimony of the complainant and an eyewitness, as well as the corroborating anthracene-powder evidence on both accused, which together proved both demand and acceptance of the bribe. The Court reaffirmed that under Section 20 of the Prevention of Corruption Act, once possession of bribe money is shown, a presumption of guilt arises that the accused must rebut, which these accused failed to do. The Court restored the trial court's conviction under Sections 7 and 13(1)(d) of the Act, though, given that the offence was nearly 27 years old, it reduced the sentence under Section 13(1)(d) from two years to the statutory minimum of one year.

Lesson Learnt

In bribery cases, consistent witness testimony combined with scientific corroboration (such as a chemical trace test) can be sufficient to prove demand and acceptance of a bribe, and an appellate court should not lightly overturn a trial court's well-reasoned conviction on such evidence.

The State of Gujarat v. Navinbhai Chandrakant Joshi – Legal Case Shots | LegalAware