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Ajit Kumar v. State of Jharkhand

Criminal Appeal · 2026 INSC 1084Decided 5 Oct 2026
Criminal Appeal No. 4573 of 2026
Justice Ujjal Bhuyan · Justice Atul S. Chandurkar

Background

Ajit Kumar, an assistant in a district education office, was accused of demanding ₹5,000 from a school employee to secure release of unpaid salary. Following a vigilance trap, the prosecution relied on marked currency allegedly recovered from Kumar's residence and a chemical test indicating contact with the notes. The trial court convicted him under the Prevention of Corruption Act and imposed concurrent four-year prison sentences and fines, which the Jharkhand High Court upheld. Although he had already served the imprisonment and paid the fines, Kumar pursued his Supreme Court appeal to clear his name.

Decision Breakdown

The Supreme Court allowed the appeal, set aside both lower courts' judgments and cleared Kumar of the charges. It found substantial inconsistencies in the trap witnesses' accounts about where the payment, arrest and chemical testing occurred. The alleged payment was not witnessed by the trap team, the complainant's account lacked reliable corroboration, and independent witnesses admitted signing papers at vigilance officials' direction without knowing what had been recovered. Applying its earlier decisions, the Court held that recovery of marked money alone could not replace proof of the demand for and acceptance of a bribe. The prosecution had failed to establish those essential facts beyond reasonable doubt.

Lesson Learnt

Recovering marked currency from a public servant does not by itself establish bribery under the provisions applied in this case. The prosecution must prove the essential demand and acceptance, and an accused can seek reversal of a wrongful conviction even after completing the sentence.

Official source (sci.gov.in)View Judgment (PDF)

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